[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2022 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 63 (Sec. Sec.  63.6580 to 63.8830)

                         Revised as of July 1, 2022

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2022
                    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........................     561
      Alphabetical List of Agencies Appearing in the CFR......     581
      List of CFR Sections Affected...........................     591

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 63.6580 
                       refers to title 40, part 
                       63, section 6580.

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

[[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 
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evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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OMB CONTROL NUMBERS

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Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

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

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INCORPORATION BY REFERENCE

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that volume.

[[Page vii]]

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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2022.







[[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 82-84, parts 85-96, parts 97-99, 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, 2022.

    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, Susannah C. Hurley 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.  63.6580 to 63.8830)

  --------------------------------------------------------------------
                                                                    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 ZZZZ_National Emission Standards for Hazardous Air Pollutants 
        for Stationary Reciprocating Internal Combustion Engines

                        What This Subpart Covers

Sec.
63.6580 What is the purpose of subpart ZZZZ?
63.6585 Am I subject to this subpart?
63.6590 What parts of my plant does this subpart cover?
63.6595 When do I have to comply with this subpart?

                          Emission Limitations

63.6600 What emission limitations and operating limitations must I meet 
          if I own or operate a stationary RICE with a site rating of 
          more than 500 brake HP located at a major source of HAP 
          emissions?
63.6601 What emission limitations must I meet if I own or operate a new 
          or reconstructed 4SLB stationary RICE with a site rating of 
          greater than or equal to 250 brake HP and less than or equal 
          to 500 brake HP located at a major source of HAP emissions?
63.6602 What emission limitations and other requirements must I meet if 
          I own or operate an existing stationary RICE with a site 
          rating of equal to or less than 500 brake HP located at a 
          major source of HAP emissions?
63.6603 What emission limitations, operating limitations, and other 
          requirements must I meet if I own or operate an existing 
          stationary RICE located at an area source of HAP emissions?
63.6604 What fuel requirements must I meet if I own or operate a 
          stationary CI RICE?

                     General Compliance Requirements

63.6605 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.6610 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate a 
          stationary RICE with a site rating of more than 500 brake HP 
          located at a major source of HAP emissions?
63.6611 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate a 
          new or reconstructed 4SLB SI stationary RICE with a site 
          rating of greater than or equal to 250 and less than or equal 
          to 500 brake HP located at a major source of HAP emissions?
63.6612 By what date must I conduct the initial performance tests or 
          other initial compliance demonstrations if I own or operate an 
          existing stationary RICE with a site rating of less than or 
          equal to 500 brake HP located at a major source of HAP 
          emissions or an existing stationary RICE located at an area 
          source of HAP emissions?
63.6615 When must I conduct subsequent performance tests?
63.6620 What performance tests and other procedures must I use?
63.6625 What are my monitoring, installation, collection, operation, and 
          maintenance requirements?
63.6630 How do I demonstrate initial compliance with the emission 
          limitations, operating limitations, and other requirements?

                   Continuous Compliance Requirements

63.6635 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.6640 How do I demonstrate continuous compliance with the emission 
          limitations, operating limitations, and other requirements?

                   Notification, Reports, and Records

63.6645 What notifications must I submit and when?
63.6650 What reports must I submit and when?
63.6655 What records must I keep?
63.6660 In what form and how long must I keep my records?

                   Other Requirements and Information

63.6665 What parts of the General Provisions apply to me?
63.6670 Who implements and enforces this subpart?
63.6675 What definitions apply to this subpart?

Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for Existing, 
          New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 
          500 HP Located at a Major Source of HAP Emissions
Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for Existing, 
          New, and Reconstructed SI 4SRB Stationary

[[Page 6]]

          RICE 500 HP Located at a Major Source of HAP 
          Emissions
Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New and 
          Reconstructed 2SLB and Compression Ignition Stationary RICE 
          500 HP and New and Reconstructed 4SLB Stationary 
          RICE =250 HP Located at a Major Source of HAP 
          Emissions
Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New and 
          Reconstructed 2SLB and CI Stationary RICE 500 HP 
          Located at a Major Source of HAP Emissions, New and 
          Reconstructed 4SLB Stationary RICE =250 HP Located 
          at a Major Source of HAP Emissions, Existing CI Stationary 
          RICE 500 HP
Table 2c to Subpart ZZZZ of Part 63--Requirements for Existing 
          Compression Ignition Stationary RICE Located at a Major Source 
          of HAP Emissions and Existing Spark Ignition Stationary RICE 
          <=500 HP Located at a Major Source of HAP Emissions
Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing 
          Stationary RICE Located at Area Sources of HAP Emissions
Table 3 to Subpart ZZZZ of Part 63--Subsequent performance tests
Table 4 to Subpart ZZZZ of Part 63--Requirements for performance tests
Table 5 to Subpart ZZZZ of Part 63--Initial compliance with emission 
          limitations, operating limitations, and other requirements
Table 6 to Subpart ZZZZ of Part 63--Continuous compliance with emission 
          limitations, and other requirements
Table 7 to Subpart ZZZZ of Part 63--Requirements for reports
Table 8 to Subpart ZZZZ of Part 63--Applicability of general provisions 
          to Subpart ZZZZ
Appendix A to Subpart ZZZZ of Part 63--Protocol for using an 
          electrochemical analyzer to determine oxygen and carbon 
          monoxide concentrations from certain engines

 Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants 
                      for Lime Manufacturing Plants

                        What This Subpart Covers

63.7080 What is the purpose of this subpart?
63.7081 Am I subject to this subpart?
63.7082 What parts of my plant does this subpart cover?
63.7083 When do I have to comply with this subpart?

                          Emission Limitations

63.7090 What emission limitations must I meet?

                     General Compliance Requirements

63.7100 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.7110 By what date must I conduct performance tests and other initial 
          compliance demonstrations?
63.7111 When must I conduct subsequent performance tests?
63.7112 What performance tests, design evaluations, and other procedures 
          must I use?
63.7113 What are my monitoring installation, operation, and maintenance 
          requirements?
63.7114 How do I demonstrate initial compliance with the emission 
          limitations standard?

                   Continuous Compliance Requirements

63.7120 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7121 How do I demonstrate continuous compliance with the emission 
          limitations standard?

                   Notifications, Reports, and Records

63.7130 What notifications must I submit and when?
63.7131 What reports must I submit and when?
63.7132 What records must I keep?
63.7133 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.7140 What parts of the General Provisions apply to me?
63.7141 Who implements and enforces this subpart?
63.7142 What are the requirements for claiming area source status?
63.7143 What definitions apply to this subpart?

Table 1 to Subpart AAAAA of Part 63--Emission Limits
Table 2 to Subpart AAAAA of Part 63--Startup and Shutdown Emission 
          Limits for Kilns and Coolers
Table 3 to Subpart AAAAA of Part 63--Operating Limits
Table 4 to Subpart AAAAA of Part 63--Initial Compliance with Emission 
          Limits
Table 5 to Subpart AAAAA of Part 63--Requirements for Performance Tests
Table 6 to Subpart AAAAA of Part 63--Continuous Compliance with 
          Operating Limits
Table 7 to Subpart AAAAA of Part 63--Periodic Monitoring for Compliance 
          with Opacity and Visible Emissions Limits

[[Page 7]]

Table 8 to Subpart AAAAA of Part 63--Requirements for Reports
Table 9 to Subpart AAAAA of Part 63--Applicability of General Provisions 
          to Subpart AAAAA

 Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants 
                     for Semiconductor Manufacturing

                        What This Subpart Covers

63.7180 What is the purpose of this subpart?
63.7181 Am I subject to this subpart?
63.7182 What parts of my facility does this subpart cover?
63.7183 When do I have to comply with this subpart?

                           Emission Standards

63.7184 What emission limitations, operating limits, and work practice 
          standards must I meet?

                         Compliance Requirements

63.7185 What are my general requirements for complying with this 
          subpart?
63.7186 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7187 What performance tests and other compliance procedures must I 
          use?
63.7188 What are my monitoring installation, operation, and maintenance 
          requirements?

            Applications, Notifications, Reports, and Records

63.7189 What applications and notifications must I submit and when?
63.7190 What reports must I submit and when?
63.7191 What records must I keep?
63.7192 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7193 What parts of the General Provisions apply to me?
63.7194 Who implements and enforces this subpart?
63.7195 What definitions apply to this subpart?

Table 1 to Subpart BBBBB of Part 63--Requirements for Performance Tests
Table 2 to Subpart BBBBB of Part 63--Applicability of General Provisions 
          to Subpart BBBBB

 Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants 
         for Coke Ovens: Pushing, Quenching, and Battery Stacks

                        What This Subpart Covers

63.7280 What is the purpose of this subpart?
63.7281 Am I subject to this subpart?
63.7282 What parts of my plant does this subpart cover?
63.7283 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.7290 What emission limitations must I meet for capture systems and 
          control devices applied to pushing emissions?
63.7291 What work practice standards must I meet for fugitive pushing 
          emissions if I have a by-product coke oven battery with 
          vertical flues?
63.7292 What work practice standards must I meet for fugitive pushing 
          emissions if I have a by-product coke oven battery with 
          horizontal flues?
63.7293 What work practice standards must I meet for fugitive pushing 
          emissions if I have a non-recovery coke oven battery?
63.7294 What work practice standard must I meet for soaking?
63.7295 What requirements must I meet for quenching?
63.7296 What emission limitations must I meet for battery stacks?

                 Operation and Maintenance Requirements

63.7300 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7310 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7320 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7321 When must I conduct subsequent performance tests?
63.7322 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter?
63.7323 What procedures must I use to establish operating limits?
63.7324 What procedures must I use to demonstrate initial compliance 
          with the opacity limits?
63.7325 What test methods and other procedures must I use to demonstrate 
          initial

[[Page 8]]

          compliance with the TDS or constituent limits for quench 
          water?
63.7326 How do I demonstrate initial compliance with the emission 
          limitations that apply to me?
63.7327 How do I demonstrate initial compliance with the work practice 
          standards that apply to me?
63.7328 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7330 What are my monitoring requirements?
63.7331 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7332 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7333 How do I demonstrate continuous compliance with the emission 
          limitations that apply to me?
63.7334 How do I demonstrate continuous compliance with the work 
          practice standards that apply to me?
63.7335 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7336 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.7340 What notifications must I submit and when?
63.7341 What reports must I submit and when?
63.7342 What records must I keep?
63.7343 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7350 What parts of the General Provisions apply to me?
63.7351 Who implements and enforces this subpart?
63.7352 What definitions apply to this subpart?

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

 Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants 
for Major Sources: Industrial, Commercial, and Institutional Boilers and 
                             Process Heaters

                        What This Subpart Covers

63.7480 What is the purpose of this subpart?
63.7485 Am I subject to this subpart?
63.7490 What is the affected source of this subpart?
63.7491 Are any boilers or process heaters not subject to this subpart?
63.7495 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.7499 What are the subcategories of boilers and process heaters?
63.7500 What emission limitations, work practice standards, and 
          operating limits must I meet?
63.7501 [Reserved]

                     General Compliance Requirements

63.7505 What are my general requirements for complying with this 
          subpart?

       Testing, Fuel Analyses, and Initial Compliance Requirements

63.7510 What are my initial compliance requirements and by what date 
          must I conduct them?
63.7515 When must I conduct subsequent performance tests, fuel analyses, 
          or tune-ups?
63.7520 What stack tests and procedures must I use?
63.7521 What fuel analyses, fuel specification, and procedures must I 
          use?
63.7522 Can I use emissions averaging to comply with this subpart?
63.7525 What are my monitoring, installation, operation, and maintenance 
          requirements?
63.7530 How do I demonstrate initial compliance with the emission 
          limitations, fuel specifications and work practice standards?
63.7533 Can I use efficiency credits earned from implementation of 
          energy conservation measures to comply with this subpart?

                   Continuous Compliance Requirements

63.7535 Is there a minimum amount of monitoring data I must obtain?
63.7540 How do I demonstrate continuous compliance with the emission 
          limitations, fuel specifications and work practice standards?
63.7541 How do I demonstrate continuous compliance under the emissions 
          averaging provision?

                   Notification, Reports, and Records

63.7545 What notifications must I submit and when?
63.7550 What reports must I submit and when?
63.7555 What records must I keep?
63.7560 In what form and how long must I keep my records?

[[Page 9]]

                   Other Requirements and Information

63.7565 What parts of the General Provisions apply to me?
63.7570 Who implements and enforces this subpart?
63.7575 What definitions apply to this subpart?

                   Tables to Subpart DDDDD of Part 63

Table 1 to Subpart DDDDD of Part 63--Emission Limits for New or 
          Reconstructed Boilers and Process Heaters
Table 2 to Subpart DDDDD of Part 63--Emission Limits for Existing 
          Boilers and Process Heaters (Units with heat input capacity of 
          10 million Btu per hour or greater)
Table 3 to Subpart DDDDD of Part 63--Work Practice Standards
Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and 
          Process Heaters
Table 5 to Subpart DDDDD of Part 63--Performance Testing Requirements
Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements
Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits
Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous Compliance
Table 9 to Subpart DDDDD of Part 63--Reporting Requirements
Table 10 to Subpart DDDDD of Part 63--Applicability of General 
          Provisions to Subpart DDDDD
Table 11 to Subpart DDDDD of Part 63--Alternative Emission Limits for 
          New or Reconstructed Boilers and Process Heaters That 
          Commenced Construction or Reconstruction After June 4, 2010, 
          and Before May 20, 2011
Table 12 to Subpart DDDDD of Part 63-- Alternative Emission Limits for 
          New or Reconstructed Boilers and Process Heaters That 
          Commenced Construction or Reconstruction After May 20, 2011, 
          and Before December 23, 2011
Table 13 to Subpart DDDDD of Part 63--Alternative Emission Limits for 
          New or Reconstructed Boilers and Process Heaters That 
          Commenced Construction or Reconstruction After December 23, 
          2011, and Before April 1, 2013

 Subpart EEEEE_National Emission Standards for Hazardous Air Pollutants 
                      for Iron and Steel Foundries

                        What This Subpart Covers

63.7680 What is the purpose of this subpart?
63.7681 Am I subject to this subpart?
63.7682 What parts of my foundry does this subpart cover?
63.7683 When do I have to comply with this subpart?

                          Emissions Limitations

63.7690 What emissions limitations must I meet?

                         Work Practice Standards

63.7700 What work practice standards must I meet?

                 Operation and Maintenance Requirements

63.7710 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7720 What are my general requirements for complying with this 
          subpart?

                    Initial Complifance Requirements

63.7730 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7731 When must I conduct subsequent performance tests?
63.7732 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emissions limitations?
63.7733 What procedures must I use to establish operating limits?
63.7734 How do I demonstrate initial compliance with the emissions 
          limitations that apply to me?
63.7735 How do I demonstrate initial compliance with the work practice 
          standards that apply to me?
63.7736 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7740 What are my monitoring requirements?
63.7741 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7742 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7743 How do I demonstrate continuous compliance with the emissions 
          limitations that apply to me?
63.7744 How do I demonstrate continuous compliance with the work 
          practice standards that apply to me?
63.7745 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7746 What other requirements must I meet to demonstrate continuous 
          compliance?
63.7747 How do I apply for alternative monitoring requirements for a 
          continuous emissions monitoring system?

                   Notifications, Reports, and Records

63.7750 What notifications must I submit and when?

[[Page 10]]

63.7751 What reports must I submit and when?
63.7752 What records must I keep?
63.7753 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.7760 What parts of the General Provisions apply to me?
63.7761 Who implements and enforces this subpart?

                               Definitions

63.7765 What definitions apply to this subpart?

Table 1 to Subpart EEEEE of Part 63--Applicability of General Provisions 
          to This Subpart

 Subpart FFFFF_National Emission Standards for Hazardous Air Pollutants 
         for Integrated Iron and Steel Manufacturing Facilities

                        What This Subpart Covers

63.7780 What is the purpose of this subpart?
63.7781 Am I subject to this subpart?
63.7782 What parts of my plant does this subpart cover?
63.7783 When do I have to comply with this subpart?

                   Emission Limitations and Standards

63.7790 What emission limitations must I meet?
63.7791 How do I comply with the requirements for the control of 
          mercury?

                 Operation and Maintenance Requirements

63.7800 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.7810 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.7820 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7821 When must I conduct subsequent performance tests?
63.7822 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits for particulate 
          matter?
63.7823 What test methods and other procedures must I use to demonstrate 
          initial compliance with the opacity limits?
63.7824 What test methods and other procedures must I use to establish 
          and demonstrate initial compliance with the operating limits?
63.7825 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limit for mercury?
63.7826 How do I demonstrate initial compliance with the emission 
          limitations that apply to me?
63.7827 How do I demonstrate initial compliance with the operation and 
          maintenance requirements that apply to me?

                   Continuous Compliance Requirements

63.7830 What are my monitoring requirements?
63.7831 What are the installation, operation, and maintenance 
          requirements for my monitors?
63.7832 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7833 How do I demonstrate continuous compliance with the emission 
          limitations that apply to me?
63.7834 How do I demonstrate continuous compliance with the operation 
          and maintenance requirements that apply to me?
63.7835 What other requirements must I meet to demonstrate continuous 
          compliance?

                   Notifications, Reports, and Records

63.7840 What notifications must I submit and when?
63.7841 What reports must I submit and when?
63.7842 What records must I keep?
63.7843 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7850 What parts of the General Provisions apply to me?
63.7851 Who implements and enforces this subpart?
63.7852 What definitions apply to this subpart?

Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits
Table 2 to Subpart FFFFF of Part 63--Initial Compliance with Emission 
          and Opacity Limits
Table 3 to Subpart FFFFF of Part 63--Continuous Compliance with Emission 
          and Opacity Limits
Table 4 to Subpart FFFFF of Part 63--Applicability of General Provisions 
          to Subpart FFFFF

Subpart GGGGG_National Emission Standards for Hazardous Air Pollutants: 
                            Site Remediation

                        What This Subpart Covers

63.7880 What is the purpose of this subpart?
63.7881 Am I subject to this subpart?
63.7882 What site remediation sources at my facility does this subpart 
          affect?

[[Page 11]]

63.7883 When do I have to comply with this subpart?

                            General Standards

63.7884 What are the general standards I must meet for each site 
          remediation with affected sources?
63.7885 What are the general standards I must meet for my affected 
          process vents?
63.7886 What are the general standards I must meet for my affected 
          remediation material management units?
63.7887 What are the general standards I must meet for my affected 
          equipment leak sources?
63.7888 How do I implement this rule at my facility using the cross-
          referenced requirements in other subparts?

                              Process Vents

63.7890 What emissions limitations and work practice standards must I 
          meet for process vents?
63.7891 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for process vents?
63.7892 What are my inspection and monitoring requirements for process 
          vents?
63.7893 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for process vents?

                                  Tanks

63.7895 What emissions limitations and work practice standards must I 
          meet for tanks?
63.7896 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for tanks?
63.7897 What are my inspection and monitoring requirements for tanks?
63.7898 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for tanks?

                               Containers

63.7900 What emissions limitations and work practice standards must I 
          meet for containers?
63.7901 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for containers?
63.7902 What are my inspection and monitoring requirements for 
          containers?
63.7903 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for containers?

                          Surface Impoundments

63.7905 What emissions limitations and work practice standards must I 
          meet for surface impoundments?
63.7906 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for surface 
          impoundments?
63.7907 What are my inspection and monitoring requirements for surface 
          impoundments?
63.7908 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for surface 
          impoundments?

                               Separators

63.7910 What emissions limitations and work practice standards must I 
          meet for separators?
63.7911 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for separators?
63.7912 What are my inspection and monitoring requirements for 
          separators?
63.7913 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for separators?

                            Transfer Systems

63.7915 What emissions limitations and work practice standards must I 
          meet for transfer systems?
63.7916 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for transfer systems?
63.7917 What are my inspection and monitoring requirements for transfer 
          systems?
63.7918 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for transfer systems?

               Equipment Leaks and Pressure Relief Devices

63.7920 What emissions limitations and work practice standards must I 
          meet for equipment leaks?
63.7921 How do I demonstrate initial compliance with the emissions 
          limitations and work practice standards for equipment leaks?
63.7922 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for equipment leaks?
63.7923 What monitoring and work practice standards must I meet for 
          pressure relief devices?

                 Closed Vent Systems and Control Devices

63.7925 What emissions limitations and work practice standards must I 
          meet for closed vent systems and control devices?
63.7926 How do I demonstrate initial compliance with the emissions 
          limitations and

[[Page 12]]

          work practice standards for closed vent systems and control 
          devices?
63.7927 What are my inspection and monitoring requirements for closed 
          vent systems and control devices?
63.7928 How do I demonstrate continuous compliance with the emissions 
          limitations and work practice standards for closed vent 
          systems and control devices?

                     General Compliance Requirements

63.7935 What are my general requirements for complying with this 
          subpart?
63.7936 What requirements must I meet if I transfer remediation material 
          off-site to another facility?
63.7937 How do I demonstrate initial compliance with the general 
          standards?
63.7938 How do I demonstrate continuous compliance with the general 
          standards?

                            Performance Tests

63.7940 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.7941 How do I conduct a performance test, design evaluation, or other 
          type of initial compliance demonstration?
63.7942 When must I conduct subsequent performance tests?
63.7943 How do I determine the average VOHAP concentration of my 
          remediation material?
63.7944 How do I determine the maximum HAP vapor pressure of my 
          remediation material?

                      Continuous Monitoring Systems

63.7945 What are my monitoring installation, operation, and maintenance 
          requirements?
63.7946 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.7947 What are my monitoring alternatives?

                   Notifications, Reports, and Records

63.7950 What notifications must I submit and when?
63.7951 What reports must I submit and when?
63.7952 What records must I keep?
63.7953 In what form and how long must I keep my records?

                   Other Requirements and Information

63.7955 What parts of the General Provisions apply to me?
63.7956 Who implements and enforces this subpart?
63.7957 What definitions apply to this subpart?

Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air Pollutants
Table 2 to Subpart GGGGG of Part 63--Control Levels as Required by Sec.  
          63.7895(a) for Tanks Managing Remediation Material with a 
          Maximum HAP Vapor Pressure Less Than 76.6 kPa
Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions 
          to Subpart GGGGG

Subpart HHHHH_National Emission Standards for Hazardous Air Pollutants: 
                   Miscellaneous Coating Manufacturing

                        What this Subpart Covers

63.7980 What is the purpose of this subpart?
63.7985 Am I subject to the requirements in this subpart?
63.7990 What parts of my plant does this subpart cover?

                            Compliance Dates

63.7995 When do I have to comply with this subpart?

  Emission Limits, Work Practice Standards, and Compliance Requirements

63.8000 What are my general requirements for complying with this 
          subpart?
63.8005 What requirements apply to my process vessels?
63.8010 What requirements apply to my storage tanks?
63.8015 What requirements apply to my equipment leaks?
63.8020 What requirements apply to my wastewater streams?
63.8025 What requirements apply to my transfer operations?
63.8030 What requirements apply to my heat exchange systems?

                     Alternative Means of Compliance

63.8050 How do I comply with emissions averaging for stationary process 
          vessels at existing sources?
63.8055 How do I comply with a weight percent HAP limit in coating 
          products?

                   Notifications, Reports, and Records

63.8070 What notifications must I submit and when?
63.8075 What reports must I submit and when?
63.8080 What records must I keep?

                   Other Requirements and Information

63.8090 What compliance options do I have if part of my plant is subject 
          to both this subpart and another subpart?
63.8095 What parts of the General Provisions apply to me?
63.8100 Who implements and enforces this subpart?
63.8105 What definitions apply to this subpart?

[[Page 13]]


Table 1 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Process Vessels
Table 2 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Storage Tanks
Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment Leaks
Table 4 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Wastewater Streams
Table 5 to Subpart HHHHH of Part 63--Emission Limits and Work Practice 
          Standards for Transfer Operations
Table 6 to Subpart HHHHH of Part 63--Requirements for Heat Exchange 
          Systems
Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous Air 
          Pollutants
Table 8 to Subpart HHHHH of Part 63--Soluble Hazardous Air Pollutants
Table 9 to Subpart HHHHH of Part 63--Requirements for Reports
Table 10 to Subpart HHHHH of Part 63--Applicability of General 
          Provisions to This Subpart
Table 11 to Subpart HHHHH of Part 63--List of Hazardous Air Pollutants 
          That Must Be Counted Toward Total Organic HAP Content If 
          Present at 0.1 Percent or More by Mass

 Subpart IIIII_National Emission Standards for Hazardous Air Pollutants 
                  for Mercury Cell Chlor-Alkali Plants

                        What This Subpart Covers

63.8180 What is the purpose of this subpart?
63.8182 Am I subject to this subpart?
63.8184 What parts of my plant does this subpart cover?
63.8186 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.8190 What emission limitations must I meet?
63.8192 What work practice standards must I meet?

                 Operation and Maintenance Requirements

63.8222 What are my operation and maintenance requirements?

                     General Compliance Requirements

63.8226 What are my general requirements for complying with this 
          subpart?

                     Initial Compliance Requirements

63.8230 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8232 What test methods and other procedures must I use to demonstrate 
          initial compliance with the emission limits?
63.8234 What equations and procedures must I use for the initial 
          compliance demonstration?
63.8236 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.8240 What are my monitoring requirements?
63.8242 What are the installation, operation, and maintenance 
          requirements for my continuous mercury monitoring systems?
63.8243 What equations and procedures must I use to demonstrate 
          continuous compliance?
63.8244 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8246 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?
63.8248 What other requirements must I meet?

                   Notifications, Reports, and Records

63.8252 What notifications must I submit and when?
63.8254 What reports must I submit and when?
63.8256 What records must I keep?
63.8258 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8262 What parts of the General Provisions apply to me?
63.8264 Who implements and enforces this subpart?
63.8266 What definitions apply to this subpart?

Table 1 to Subpart IIIII of Part 63--Work Practice Standards--Design, 
          Operation, and Maintenance Requirements
Table 2 to Subpart IIIII of Part 63--Work Practice Standards--Required 
          Inspections
Table 3 to Subpart IIIII of Part 63--Work Practice Standards--Required 
          Actions for Liquid Mercury Spills and Accumulations and 
          Hydrogen and Mercury Vapor Leaks
Table 4 to Subpart IIIII of Part 63--Work Practice Standards--
          Requirements for Mercury Liquid Collection
Table 5 to Subpart IIIII of Part 63--Required Elements of Floor-Level 
          Mercury Vapor Measurement and Cell Room Monitoring Plans
Table 6 to Subpart IIIII of Part 63--Examples of Techniques for 
          Equipment

[[Page 14]]

          Problem Identification, Leak Detection and Mercury Vapor 
          Measurements
Table 7 to Subpart IIIII of Part 63--Required Elements of Washdown Plans
Table 8 to Subpart IIIII of Part 63--Requirements for Cell Room 
          Monitoring Program
Table 9 to Subpart IIIII of Part 63--Required Records for Work Practice 
          Standards
Table 10 to Subpart IIIII of Part 63--Applicability of General 
          Provisions to Subpart IIIII

 Subpart JJJJJ_National Emission Standards for Hazardous Air Pollutants 
          for Brick and Structural Clay Products Manufacturing

                        What This Subpart Covers

63.8380 What is the purpose of this subpart?
63.8385 Am I subject to this subpart?
63.8390 What parts of my plant does this subpart cover?
63.8395 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.8405 What emission limitations and work practice standards must I 
          meet?
63.8410 What are my options for meeting the emission limitations and 
          work practice standards?

                     General Compliance Requirements

63.8420 What are my general requirements for complying with this 
          subpart?
63.8425 What do I need to know about operation, maintenance, and 
          monitoring plans?

               Testing and Initial Compliance Requirements

63.8435 By what date must I conduct performance tests?
63.8440 When must I conduct subsequent performance tests?
63.8445 How do I conduct performance tests and establish operating 
          limits?
63.8450 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8455 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.8465 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8470 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?

                   Notifications, Reports, and Records

63.8480 What notifications must I submit and when?
63.8485 What reports must I submit and when?
63.8490 What records must I keep?
63.8495 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.8505 What parts of the General Provisions apply to me?
63.8510 Who implements and enforces this subpart?
63.8515 What definitions apply to this subpart?

Tables to Subpart JJJJJ of Part 63
Table 1 to Subpart JJJJJ of Part 63--Emission Limits
Table 2 to Subpart JJJJJ of Part 63--Operating Limits
Table 3 to Subpart JJJJJ of Part 63--Work Practice Standards
Table 4 to Subpart JJJJJ of Part 63--Requirements for Performance Tests
Table 5 to Subpart JJJJJ of Part 63--Initial Compliance with Emission 
          Limitations and Work Practice Standards
Table 6 to Subpart JJJJJ of Part 63--Continuous Compliance with Emission 
          Limitations and Work Practice Standards
Table 7 to Subpart JJJJJ of Part 63--Compliance Dates
Table 8 to Subpart JJJJJ of Part 63--Requirements for Notifications
Table 9 to Subpart JJJJJ of Part 63--Requirements for Reports
Table 10 to Subpart JJJJJ of Part 63--Applicability of General 
          Provisions to Subpart JJJJJ

 Subpart KKKKK_National Emission Standards for Hazardous Air Pollutants 
                     for Clay Ceramics Manufacturing

                        What This Subpart Covers

63.8530 What is the purpose of this subpart?
63.8535 Am I subject to this subpart?
63.8540 What parts of my plant does this subpart cover?
63.8545 When do I have to comply with this subpart?

            Emission Limitations and Work Practice Standards

63.8555 What emission limitations and work practice standards must I 
          meet?
63.8560 What are my options for meeting the emission limitations and 
          work practice standards?

                     General Compliance Requirements

63.8570 What are my general requirements for complying with this 
          subpart?

[[Page 15]]

63.8575 What do I need to know about operation, maintenance, and 
          monitoring plans?

               Testing and Initial Compliance Requirements

63.8585 By what date must I conduct performance tests?
63.8590 When must I conduct subsequent performance tests?
63.8595 How do I conduct performance tests and establish operating 
          limits?
63.8600 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8605 How do I demonstrate initial compliance with the emission 
          limitations and work practice standards?

                   Continuous Compliance Requirements

63.8615 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8620 How do I demonstrate continuous compliance with the emission 
          limitations and work practice standards?

                   Notifications, Reports, and Records

63.8630 What notifications must I submit and when?
63.8635 What reports must I submit and when?
63.8640 What records must I keep?
63.8645 In what form and for how long must I keep my records?

                   Other Requirements and Information

63.8655 What parts of the General Provisions apply to me?
63.8660 Who implements and enforces this subpart?
63.8665 What definitions apply to this subpart?

Tables to Subpart KKKKK of Part 63
Table 1 to Subpart KKKKK of Part 63--Emission Limits
Table 2 to Subpart KKKKK of Part 63--Operating Limits
Table 3 to Subpart KKKKK of Part 63--Work Practice Standards
Table 4 to Subpart KKKKK of Part 63--Requirements for Performance Tests
Table 5 to Subpart KKKKK of Part 63--Toxic Equivalency Factors
Table 6 to Subpart KKKKK of Part 63--Initial Compliance with Emission 
          Limitations and Work Practice Standards
Table 7 to Subpart KKKKK of Part 63--Continuous Compliance with Emission 
          Limitations and Work Practice Standards
Table 8 to Subpart KKKKK of Part 63--Compliance Dates
Table 9 to Subpart KKKKK of Part 63--Requirements for Notifications
Table 10 to Subpart KKKKK of Part 63--Requirements for Reports
Table 11 to Subpart KKKKK of Part 63--Applicability of General 
          Provisions to Subpart KKKKK

Subpart LLLLL_National Emission Standards for Hazardous Air Pollutants: 
          Asphalt Processing and Asphalt Roofing Manufacturing

                        What This Subpart Covers

63.8680 What is the purpose of this subpart?
63.8681 Am I subject to this subpart?
63.8682 What parts of my plant does this subpart cover?
63.8683 When must I comply with this subpart?

                          Emission Limitations

63.8684 What emission limitations and operating limits must I meet?

                     General Compliance Requirements

63.8685 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.8686 By what date must I conduct initial performance tests or other 
          initial compliance demonstrations?
63.8687 What performance tests, design evaluations, and other procedures 
          must I use?
63.8688 What are my monitoring installation, operation, and maintenance 
          requirements?
63.8689 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8690 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8691 How do I conduct periodic performance tests and demonstrate 
          continuous compliance with the emission limitations and 
          operating limits?

                   Notifications, Reports, and Records

63.8692 What notifications must I submit and when?
63.8693 What reports must I submit and when?
63.8694 What records must I keep?
63.8695 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8696 What parts of the General Provisions apply to me?
63.8697 Who implements and enforces this subpart?
63.8698 What definitions apply to this subpart?

Table 1 to Subpart LLLLL of Part 63--Emission Limitations

[[Page 16]]

Table 2 to Subpart LLLLL of Part 63--Operating Limits
Table 3 to Subpart LLLLL of Part 63--Requirements for Performance Tests
Table 4 to Subpart LLLLL of Part 63-- Initial and Continuous Compliance 
          With Emission Limitations
Table 5 to Subpart LLLLL of Part 63--Continuous Compliance with 
          Operating Limits
Table 6 to Subpart LLLLL of Part 63--Requirements for Reports
Table 7 to Subpart LLLLL of Part 63--Applicability of General Provisions 
          to Subpart LLLLL

Subpart MMMMM_National Emission Standards for Hazardous Air Pollutants: 
            Flexible Polyurethane Foam Fabrication Operations

                        What This Subpart Covers

63.8780 What is the purpose of this subpart?
63.8782 Am I subject to this subpart?
63.8784 What parts of my plant does this subpart cover?
63.8786 When do I have to comply with this subpart?

                          Emission Limitations

63.8790 What emission limitations must I meet?

                     General Compliance Requirements

63.8794 What are my general requirements for complying with this 
          subpart?

               Testing and Initial Compliance Requirements

63.8798 By what date must I conduct performance tests or other initial 
          compliance demonstrations?
63.8800 What performance tests and other procedures must I use to 
          demonstrate compliance with the emission limit for flame 
          lamination?
63.8802 What methods must I use to demonstrate compliance with the 
          emission limitation for loop slitter adhesive use?
63.8806 How do I demonstrate initial compliance with the emission 
          limitations?

                   Continuous Compliance Requirements

63.8810 How do I monitor and collect data to demonstrate continuous 
          compliance?
63.8812 How do I demonstrate continuous compliance with the emission 
          limitations?

                   Notifications, Reports, and Records

63.8816 What notifications must I submit and when?
63.8818 What reports must I submit and when?
63.8820 What records must I keep?
63.8822 In what form and how long must I keep my records?

                   Other Requirements and Information

63.8826 What parts of the General Provisions apply to me?
63.8828 Who implements and enforces this subpart?
63.8830 What definitions apply to this subpart?

Table 1 to Subpart MMMMM of Part 63--Emission Limits
Table 2 to Subpart MMMMM of Part 63--Operating Limits for Existing, New, 
          or Reconstructed Flame Lamination Affected Sources
Table 3 to Subpart MMMMM of Part 63--Performance Test Requirements for 
          Existing, New, or Reconstructed Flame Lamination Affected 
          Sources
Table 4 to Subpart MMMMM of Part 63--Initial Compliance With Emission 
          Limits
Table 5 to Subpart MMMMM of Part 63--Continuous Compliance with Emission 
          Limits and Operating Limits
Table 6 to Subpart MMMMM of Part 63--Requirements for Reports
Table 7 to Subpart MMMMM of Part 63--Applicability of General Provisions 
          to Subpart MMMMM
Table 8 to Subpart MMMMM of Part 63--List of Hazardous Air Pollutants 
          That Must Be Counted Toward Total HAP Content if Present at 
          0.1 Percent or More by Weight

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

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



 Subpart ZZZZ_National Emissions Standards for Hazardous Air Pollutants 
        for Stationary Reciprocating Internal Combustion Engines

    Source: 69 FR 33506, June 15, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.6580  What is the purpose of subpart ZZZZ?

    Subpart ZZZZ establishes national emission limitations and operating 
limitations for hazardous air pollutants (HAP) emitted from stationary 
reciprocating internal combustion engines (RICE) located at major and 
area sources of HAP emissions. This subpart

[[Page 17]]

also establishes requirements to demonstrate initial and continuous 
compliance with the emission limitations and operating limitations.

[73 FR 3603, Jan. 18, 2008]



Sec.  63.6585  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a stationary 
RICE at a major or area source of HAP emissions, except if the 
stationary RICE is being tested at a stationary RICE test cell/stand.
    (a) A stationary RICE is any internal combustion engine which uses 
reciprocating motion to convert heat energy into mechanical work and 
which is not mobile. Stationary RICE differ from mobile RICE in that a 
stationary RICE is not a non-road engine as defined at 40 CFR 1068.30, 
and is not used to propel a motor vehicle or a vehicle used solely for 
competition.
    (b) A major source of HAP emissions is a plant site that emits or 
has the potential to emit any single HAP at a rate of 10 tons (9.07 
megagrams) or more per year or any combination of HAP at a rate of 25 
tons (22.68 megagrams) or more per year, except that for oil and gas 
production facilities, a major source of HAP emissions is determined for 
each surface site.
    (c) An area source of HAP emissions is a source that is not a major 
source.
    (d) If you are an owner or operator of an area source subject to 
this subpart, your status as an entity subject to a standard or other 
requirements under this subpart does not subject you to the obligation 
to obtain a permit under 40 CFR part 70 or 71, provided you are not 
required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a 
reason other than your status as an area source under this subpart. 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart as applicable.
    (e) If you are an owner or operator of a stationary RICE used for 
national security purposes, you may be eligible to request an exemption 
from the requirements of this subpart as described in 40 CFR part 1068, 
subpart C.
    (f) The emergency stationary RICE listed in paragraphs (f)(1) 
through (3) of this section are not subject to this subpart. The 
stationary RICE must meet the definition of an emergency stationary RICE 
in Sec.  63.6675, which includes operating according to the provisions 
specified in Sec.  63.6640(f).
    (1) Existing residential emergency stationary RICE located at an 
area source of HAP emissions that do not operate or are not 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii) and that do not operate for the purpose specified in Sec.  
63.6640(f)(4)(ii).
    (2) Existing commercial emergency stationary RICE located at an area 
source of HAP emissions that do not operate or are not contractually 
obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec.  63.6640(f)(2)(ii) and (iii) and that do 
not operate for the purpose specified in Sec.  63.6640(f)(4)(ii).
    (3) Existing institutional emergency stationary RICE located at an 
area source of HAP emissions that do not operate or are not 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii) and that do not operate for the purpose specified in Sec.  
63.6640(f)(4)(ii).

[69 FR 33506, June 15, 2004, as amended at 73 FR 3603, Jan. 18, 2008; 78 
FR 6700, Jan. 30, 2013]



Sec.  63.6590  What parts of my plant does this subpart cover?

    This subpart applies to each affected source.
    (a) Affected source. An affected source is any existing, new, or 
reconstructed stationary RICE located at a major or area source of HAP 
emissions, excluding stationary RICE being tested at a stationary RICE 
test cell/stand.
    (1) Existing stationary RICE.
    (i) For stationary RICE with a site rating of more than 500 brake 
horsepower (HP) located at a major source of HAP emissions, a stationary 
RICE is existing if you commenced construction or reconstruction of the 
stationary RICE before December 19, 2002.
    (ii) For stationary RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions, a stationary 
RICE is existing if you commenced construction or

[[Page 18]]

reconstruction of the stationary RICE before June 12, 2006.
    (iii) For stationary RICE located at an area source of HAP 
emissions, a stationary RICE is existing if you commenced construction 
or reconstruction of the stationary RICE before June 12, 2006.
    (iv) A change in ownership of an existing stationary RICE does not 
make that stationary RICE a new or reconstructed stationary RICE.
    (2) New stationary RICE. (i) A stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions is new 
if you commenced construction of the stationary RICE on or after 
December 19, 2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is new if you 
commenced construction of the stationary RICE on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is new if you commenced construction of the stationary RICE on or after 
June 12, 2006.
    (3) Reconstructed stationary RICE. (i) A stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions is reconstructed if you meet the definition of reconstruction 
in Sec.  63.2 and reconstruction is commenced on or after December 19, 
2002.
    (ii) A stationary RICE with a site rating of equal to or less than 
500 brake HP located at a major source of HAP emissions is reconstructed 
if you meet the definition of reconstruction in Sec.  63.2 and 
reconstruction is commenced on or after June 12, 2006.
    (iii) A stationary RICE located at an area source of HAP emissions 
is reconstructed if you meet the definition of reconstruction in Sec.  
63.2 and reconstruction is commenced on or after June 12, 2006.
    (b) Stationary RICE subject to limited requirements. (1) An affected 
source which meets either of the criteria in paragraphs (b)(1)(i) 
through (ii) of this section does not have to meet the requirements of 
this subpart and of subpart A of this part except for the initial 
notification requirements of Sec.  63.6645(f).
    (i) The stationary RICE is a new or reconstructed emergency 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions that does not operate or is not 
contractually obligated to be available for more than 15 hours per 
calendar year for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii).
    (ii) The stationary RICE is a new or reconstructed limited use 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions.
    (2) A new or reconstructed stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions which 
combusts landfill or digester gas equivalent to 10 percent or more of 
the gross heat input on an annual basis must meet the initial 
notification requirements of Sec.  63.6645(f) and the requirements of 
Sec. Sec.  63.6625(c), 63.6650(g), and 63.6655(c). These stationary RICE 
do not have to meet the emission limitations and operating limitations 
of this subpart.
    (3) The following stationary RICE do not have to meet the 
requirements of this subpart and of subpart A of this part, including 
initial notification requirements:
    (i) Existing spark ignition 2 stroke lean burn (2SLB) stationary 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions;
    (ii) Existing spark ignition 4 stroke lean burn (4SLB) stationary 
RICE with a site rating of more than 500 brake HP located at a major 
source of HAP emissions;
    (iii) Existing emergency stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions that does 
not operate or is not contractually obligated to be available for more 
than 15 hours per calendar year for the purposes specified in Sec.  
63.6640(f)(2)(ii) and (iii).
    (iv) Existing limited use stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions;
    (v) Existing stationary RICE with a site rating of more than 500 
brake HP

[[Page 19]]

located at a major source of HAP emissions that combusts landfill gas or 
digester gas equivalent to 10 percent or more of the gross heat input on 
an annual basis;
    (c) Stationary RICE subject to Regulations under 40 CFR Part 60. An 
affected source that meets any of the criteria in paragraphs (c)(1) 
through (7) of this section must meet the requirements of this part by 
meeting the requirements of 40 CFR part 60 subpart IIII, for compression 
ignition engines or 40 CFR part 60 subpart JJJJ, for spark ignition 
engines. No further requirements apply for such engines under this part.
    (1) A new or reconstructed stationary RICE located at an area 
source;
    (2) A new or reconstructed 2SLB stationary RICE with a site rating 
of less than or equal to 500 brake HP located at a major source of HAP 
emissions;
    (3) A new or reconstructed 4SLB stationary RICE with a site rating 
of less than 250 brake HP located at a major source of HAP emissions;
    (4) A new or reconstructed spark ignition 4 stroke rich burn (4SRB) 
stationary RICE with a site rating of less than or equal to 500 brake HP 
located at a major source of HAP emissions;
    (5) A new or reconstructed stationary RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions which combusts landfill or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis;
    (6) A new or reconstructed emergency or limited use stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions;
    (7) A new or reconstructed compression ignition (CI) stationary RICE 
with a site rating of less than or equal to 500 brake HP located at a 
major source of HAP emissions.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008; 75 
FR 9674, Mar. 3, 2010; 75 FR 37733, June 30, 2010; 75 FR 51588, Aug. 20, 
2010; 78 FR 6700, Jan. 30, 2013]



Sec.  63.6595  When do I have to comply with this subpart?

    (a) Affected sources. (1) If you have an existing stationary RICE, 
excluding existing non-emergency CI stationary RICE, with a site rating 
of more than 500 brake HP located at a major source of HAP emissions, 
you must comply with the applicable emission limitations, operating 
limitations and other requirements no later than June 15, 2007. If you 
have an existing non-emergency CI stationary RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions, an 
existing stationary CI RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions, or an existing 
stationary CI RICE located at an area source of HAP emissions, you must 
comply with the applicable emission limitations, operating limitations, 
and other requirements no later than May 3, 2013. If you have an 
existing stationary SI RICE with a site rating of less than or equal to 
500 brake HP located at a major source of HAP emissions, or an existing 
stationary SI RICE located at an area source of HAP emissions, you must 
comply with the applicable emission limitations, operating limitations, 
and other requirements no later than October 19, 2013.
    (2) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions before August 16, 2004, you must comply with the applicable 
emission limitations and operating limitations in this subpart no later 
than August 16, 2004.
    (3) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions after August 16, 2004, you must comply with the applicable 
emission limitations and operating limitations in this subpart upon 
startup of your affected source.
    (4) If you start up your new or reconstructed stationary RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions before January 18, 2008, you must comply with 
the applicable emission limitations and operating limitations in this 
subpart no later than January 18, 2008.
    (5) If you start up your new or reconstructed stationary RICE with a 
site rating of less than or equal to 500 brake HP located at a major 
source of HAP

[[Page 20]]

emissions after January 18, 2008, you must comply with the applicable 
emission limitations and operating limitations in this subpart upon 
startup of your affected source.
    (6) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions before January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart no later than January 18, 2008.
    (7) If you start up your new or reconstructed stationary RICE 
located at an area source of HAP emissions after January 18, 2008, you 
must comply with the applicable emission limitations and operating 
limitations in this subpart upon startup of your affected source.
    (b) Area sources that become major sources. If you have an area 
source that increases its emissions or its potential to emit such that 
it becomes a major source of HAP, the compliance dates in paragraphs 
(b)(1) and (2) of this section apply to you.
    (1) Any stationary RICE for which construction or reconstruction is 
commenced after the date when your area source becomes a major source of 
HAP must be in compliance with this subpart upon startup of your 
affected source.
    (2) Any stationary RICE for which construction or reconstruction is 
commenced before your area source becomes a major source of HAP must be 
in compliance with the provisions of this subpart that are applicable to 
RICE located at major sources within 3 years after your area source 
becomes a major source of HAP.
    (c) If you own or operate an affected source, you must meet the 
applicable notification requirements in Sec.  63.6645 and in 40 CFR part 
63, subpart A.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3604, Jan. 18, 2008; 75 
FR 9675, Mar. 3, 2010; 75 FR 51589, Aug. 20, 2010; 78 FR 6701, Jan. 30, 
2013]

                   Emission and Operating Limitations



Sec.  63.6600  What emission limitations and operating limitations must I
meet if I own or operate a stationary RICE with a site rating of more than
500 brake HP located at a major source of HAP emissions?

    Compliance with the numerical emission limitations established in 
this subpart is based on the results of testing the average of three 1-
hour runs using the testing requirements and procedures in Sec.  63.6620 
and Table 4 to this subpart.
    (a) If you own or operate an existing, new, or reconstructed spark 
ignition 4SRB stationary RICE with a site rating of more than 500 brake 
HP located at a major source of HAP emissions, you must comply with the 
emission limitations in Table 1a to this subpart and the operating 
limitations in Table 1b to this subpart which apply to you.
    (b) If you own or operate a new or reconstructed 2SLB stationary 
RICE with a site rating of more than 500 brake HP located at major 
source of HAP emissions, a new or reconstructed 4SLB stationary RICE 
with a site rating of more than 500 brake HP located at major source of 
HAP emissions, or a new or reconstructed CI stationary RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions, you must comply with the emission limitations in Table 2a to 
this subpart and the operating limitations in Table 2b to this subpart 
which apply to you.
    (c) If you own or operate any of the following stationary RICE with 
a site rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the emission limitations in 
Tables 1a, 2a, 2c, and 2d to this subpart or operating limitations in 
Tables 1b and 2b to this subpart: an existing 2SLB stationary RICE; an 
existing 4SLB stationary RICE; a stationary RICE that combusts landfill 
gas or digester gas equivalent to 10 percent or more of the gross heat 
input on an annual basis; an emergency stationary RICE; or a limited use 
stationary RICE.
    (d) If you own or operate an existing non-emergency stationary CI 
RICE with a site rating of more than 500 brake HP located at a major 
source of

[[Page 21]]

HAP emissions, you must comply with the emission limitations in Table 2c 
to this subpart and the operating limitations in Table 2b to this 
subpart which apply to you.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 9675, Mar. 3, 2010]



Sec.  63.6601  What emission limitations must I meet if I own or operate
a new or reconstructed 4SLB stationary RICE with a site rating of greater 
than or equal 
          to 250 brake HP and less than or equal to 500 brake HP located 
          at a major source of HAP emissions?

    Compliance with the numerical emission limitations established in 
this subpart is based on the results of testing the average of three 1-
hour runs using the testing requirements and procedures in Sec.  63.6620 
and Table 4 to this subpart. If you own or operate a new or 
reconstructed 4SLB stationary RICE with a site rating of greater than or 
equal to 250 and less than or equal to 500 brake HP located at major 
source of HAP emissions manufactured on or after January 1, 2008, you 
must comply with the emission limitations in Table 2a to this subpart 
and the operating limitations in Table 2b to this subpart which apply to 
you.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 9675, Mar. 3, 2010; 75 
FR 51589, Aug. 20, 2010]



Sec.  63.6602  What emission limitations and other requirements must I
meet if I own or operate an existing stationary RICE with a site rating
of equal to or 
          less than 500 brake HP located at a major source of HAP 
          emissions?

    If you own or operate an existing stationary RICE with a site rating 
of equal to or less than 500 brake HP located at a major source of HAP 
emissions, you must comply with the emission limitations and other 
requirements in Table 2c to this subpart which apply to you. Compliance 
with the numerical emission limitations established in this subpart is 
based on the results of testing the average of three 1-hour runs using 
the testing requirements and procedures in Sec.  63.6620 and Table 4 to 
this subpart.

[78 FR 6701, Jan. 30, 2013]



Sec.  63.6603  What emission limitations, operating limitations, and other
requirements must I meet if I own or operate an existing stationary RICE 
located at an area source of HAP emissions?

    Compliance with the numerical emission limitations established in 
this subpart is based on the results of testing the average of three 1-
hour runs using the testing requirements and procedures in Sec.  63.6620 
and Table 4 to this subpart.
    (a) If you own or operate an existing stationary RICE located at an 
area source of HAP emissions, you must comply with the requirements in 
Table 2d to this subpart and the operating limitations in Table 2b to 
this subpart that apply to you.
    (b) If you own or operate an existing stationary non-emergency CI 
RICE with a site rating of more than 300 HP located at an area source of 
HAP that meets either paragraph (b)(1) or (2) of this section, you do 
not have to meet the numerical CO emission limitations specified in 
Table 2d of this subpart. Existing stationary non-emergency CI RICE with 
a site rating of more than 300 HP located at an area source of HAP that 
meet either paragraph (b)(1) or (2) of this section must meet the 
management practices that are shown for stationary non-emergency CI RICE 
with a site rating of less than or equal to 300 HP in Table 2d of this 
subpart.
    (1) The area source is located in an area of Alaska that is not 
accessible by the Federal Aid Highway System (FAHS).
    (2) The stationary RICE is located at an area source that meets 
paragraphs (b)(2)(i), (ii), and (iii) of this section.
    (i) The only connection to the FAHS is through the Alaska Marine 
Highway System (AMHS), or the stationary RICE operation is within an 
isolated grid in Alaska that is not connected to the statewide 
electrical grid referred to as the Alaska Railbelt Grid.
    (ii) At least 10 percent of the power generated by the stationary 
RICE on an annual basis is used for residential purposes.
    (iii) The generating capacity of the area source is less than 12 
megawatts,

[[Page 22]]

or the stationary RICE is used exclusively for backup power for 
renewable energy.
    (c) If you own or operate an existing stationary non-emergency CI 
RICE with a site rating of more than 300 HP located on an offshore 
vessel that is an area source of HAP and is a nonroad vehicle that is an 
Outer Continental Shelf (OCS) source as defined in 40 CFR 55.2, you do 
not have to meet the numerical CO emission limitations specified in 
Table 2d of this subpart. You must meet all of the following management 
practices:
    (1) Change oil every 1,000 hours of operation or annually, whichever 
comes first. Sources have the option to utilize an oil analysis program 
as described in Sec.  63.6625(i) in order to extend the specified oil 
change requirement.
    (2) Inspect and clean air filters every 750 hours of operation or 
annually, whichever comes first, and replace as necessary.
    (3) Inspect fuel filters and belts, if installed, every 750 hours of 
operation or annually, whichever comes first, and replace as necessary.
    (4) Inspect all flexible hoses every 1,000 hours of operation or 
annually, whichever comes first, and replace as necessary.
    (d) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 1 or Tier 2 emission standards 
in Table 1 of 40 CFR 89.112 and that is subject to an enforceable state 
or local standard that requires the engine to be replaced no later than 
June 1, 2018, you may until January 1, 2015, or 12 years after the 
installation date of the engine (whichever is later), but not later than 
June 1, 2018, choose to comply with the management practices that are 
shown for stationary non-emergency CI RICE with a site rating of less 
than or equal to 300 HP in Table 2d of this subpart instead of the 
applicable emission limitations in Table 2d, operating limitations in 
Table 2b, and crankcase ventilation system requirements in Sec.  
63.6625(g). You must comply with the emission limitations in Table 2d 
and operating limitations in Table 2b that apply for non-emergency CI 
RICE with a site rating of more than 300 HP located at an area source of 
HAP emissions by January 1, 2015, or 12 years after the installation 
date of the engine (whichever is later), but not later than June 1, 
2018. You must also comply with the crankcase ventilation system 
requirements in Sec.  63.6625(g) by January 1, 2015, or 12 years after 
the installation date of the engine (whichever is later), but not later 
than June 1, 2018.
    (e) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 3 (Tier 2 for engines above 560 
kilowatt (kW)) emission standards in Table 1 of 40 CFR 89.112, you may 
comply with the requirements under this part by meeting the requirements 
for Tier 3 engines (Tier 2 for engines above 560 kW) in 40 CFR part 60 
subpart IIII instead of the emission limitations and other requirements 
that would otherwise apply under this part for existing non-emergency CI 
RICE with a site rating of more than 300 HP located at an area source of 
HAP emissions.
    (f) An existing non-emergency SI 4SLB and 4SRB stationary RICE with 
a site rating of more than 500 HP located at area sources of HAP must 
meet the definition of remote stationary RICE in Sec.  63.6675 on the 
initial compliance date for the engine, October 19, 2013, in order to be 
considered a remote stationary RICE under this subpart. Owners and 
operators of existing non-emergency SI 4SLB and 4SRB stationary RICE 
with a site rating of more than 500 HP located at area sources of HAP 
that meet the definition of remote stationary RICE in Sec.  63.6675 of 
this subpart as of October 19, 2013 must evaluate the status of their 
stationary RICE every 12 months. Owners and operators must keep records 
of the initial and annual evaluation of the status of the engine. If the 
evaluation indicates that the stationary RICE no longer meets the 
definition of remote stationary RICE in Sec.  63.6675 of this subpart, 
the owner or operator must comply with all of the requirements for 
existing non-emergency SI 4SLB and 4SRB stationary RICE with a site 
rating of more than 500 HP located at area sources of HAP

[[Page 23]]

that are not remote stationary RICE within 1 year of the evaluation.

[75 FR 9675, Mar. 3, 2010, as amended at 75 FR 51589, Aug. 20, 2010; 76 
FR 12866, Mar. 9, 2011; 78 FR 6701, Jan. 30, 2013]



Sec.  63.6604  What fuel requirements must I meet if I own or operate a 
stationary CI RICE?

    (a) If you own or operate an existing non-emergency, non-black start 
CI stationary RICE with a site rating of more than 300 brake HP with a 
displacement of less than 30 liters per cylinder that uses diesel fuel, 
you must use diesel fuel that meets the requirements in 40 CFR 1090.305 
for nonroad diesel fuel.
    (b) Beginning January 1, 2015, if you own or operate an existing 
emergency CI stationary RICE with a site rating of more than 100 brake 
HP and a displacement of less than 30 liters per cylinder that uses 
diesel fuel and operates or is contractually obligated to be available 
for more than 15 hours per calendar year for the purposes specified in 
Sec.  63.6640(f)(2)(ii) and (iii) or that operates for the purpose 
specified in Sec.  63.6640(f)(4)(ii), you must use diesel fuel that 
meets the requirements in 40 CFR 1090.305 for nonroad diesel fuel, 
except that any existing diesel fuel purchased (or otherwise obtained) 
prior to January 1, 2015, may be used until depleted.
    (c) Beginning January 1, 2015, if you own or operate a new emergency 
CI stationary RICE with a site rating of more than 500 brake HP and a 
displacement of less than 30 liters per cylinder located at a major 
source of HAP that uses diesel fuel and operates or is contractually 
obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec.  63.6640(f)(2)(ii) and (iii), you must 
use diesel fuel that meets the requirements in 40 CFR 1090.305 for 
nonroad diesel fuel, except that any existing diesel fuel purchased (or 
otherwise obtained) prior to January 1, 2015, may be used until 
depleted.
    (d) Existing CI stationary RICE located in Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, at area sources in areas 
of Alaska that meet either Sec.  63.6603(b)(1) or Sec.  63.6603(b)(2), 
or are on offshore vessels that meet Sec.  63.6603(c) are exempt from 
the requirements of this section.

[78 FR 6702, Jan. 30, 2013, as amended at 85 FR 78463, Dec. 4, 2020]

                     General Compliance Requirements



Sec.  63.6605  What are my general requirements for complying with
this subpart?

    (a) You must be in compliance with the emission limitations, 
operating limitations, and other requirements in this subpart that apply 
to you at all times.
    (b) At all times you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by this standard have been achieved. 
Determination 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 9675, Mar. 3, 2010, as amended at 78 FR 6702, Jan. 30, 2013]

               Testing and Initial Compliance Requirements



Sec.  63.6610  By what date must I conduct the initial performance tests
or other initial compliance demonstrations if I own or operate a stationary
RICE with a site rating of more than 500 brake HP located at a major 
          source of HAP emissions?

    If you own or operate a stationary RICE with a site rating of more 
than 500 brake HP located at a major source of HAP emissions you are 
subject to the requirements of this section.
    (a) You must conduct the initial performance test or other initial 
compliance demonstrations in Table 4 to this subpart that apply to you 
within 180 days after the compliance date that is specified for your 
stationary RICE in

[[Page 24]]

Sec.  63.6595 and according to the provisions in Sec.  63.7(a)(2).
    (b) If you commenced construction or reconstruction between December 
19, 2002 and June 15, 2004 and own or operate stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, you must demonstrate initial compliance with either the 
proposed emission limitations or the promulgated emission limitations no 
later than February 10, 2005 or no later than 180 days after startup of 
the source, whichever is later, according to Sec.  63.7(a)(2)(ix).
    (c) If you commenced construction or reconstruction between December 
19, 2002 and June 15, 2004 and own or operate stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions, and you chose to comply with the proposed emission 
limitations when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limitations by December 13, 2007 or after startup of the 
source, whichever is later, according to Sec.  63.7(a)(2)(ix).
    (d) An owner or operator is not required to conduct an initial 
performance test on units for which a performance test has been 
previously conducted, but the test must meet all of the conditions 
described in paragraphs (d)(1) through (5) of this section.
    (1) The test must have been conducted using the same methods 
specified in this subpart, and these methods must have been followed 
correctly.
    (2) The test must not be older than 2 years.
    (3) The test must be reviewed and accepted by the Administrator.
    (4) Either no process or equipment changes must have been made since 
the test was performed, or the owner or operator must be able to 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process or 
equipment changes.
    (5) The test must be conducted at any load condition within plus or 
minus 10 percent of 100 percent load.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3605, Jan. 18, 2008]



Sec.  63.6611  By what date must I conduct the initial performance tests
or other initial compliance demonstrations if I own or operate a new or
reconstructed 
          4SLB SI stationary RICE with a site rating of greater than or 
          equal to 250 and less than or equal to 500 brake HP located at 
          a major source of HAP emissions?

    If you own or operate a new or reconstructed 4SLB stationary RICE 
with a site rating of greater than or equal to 250 and less than or 
equal to 500 brake HP located at a major source of HAP emissions, you 
must conduct an initial performance test within 240 days after the 
compliance date that is specified for your stationary RICE in Sec.  
63.6595 and according to the provisions specified in Table 4 to this 
subpart, as appropriate.

[73 FR 3605, Jan. 18, 2008, as amended at 75 FR 51589, Aug. 20, 2010]



Sec.  63.6612  By what date must I conduct the initial performance tests
or other initial compliance demonstrations if I own or operate an existin
g stationary 
          RICE with a site rating of less than or equal to 500 brake HP 
          located at a major source of HAP emissions or an existing 
          stationary RICE located at an area source of HAP emissions?

    If you own or operate an existing stationary RICE with a site rating 
of less than or equal to 500 brake HP located at a major source of HAP 
emissions or an existing stationary RICE located at an area source of 
HAP emissions you are subject to the requirements of this section.
    (a) You must conduct any initial performance test or other initial 
compliance demonstration according to Tables 4 and 5 to this subpart 
that apply to you within 180 days after the compliance date that is 
specified for your stationary RICE in Sec.  63.6595 and according to the 
provisions in Sec.  63.7(a)(2).
    (b) An owner or operator is not required to conduct an initial 
performance test on a unit for which a performance test has been 
previously conducted, but the test must meet all of the conditions 
described in paragraphs (b)(1) through (4) of this section.

[[Page 25]]

    (1) The test must have been conducted using the same methods 
specified in this subpart, and these methods must have been followed 
correctly.
    (2) The test must not be older than 2 years.
    (3) The test must be reviewed and accepted by the Administrator.
    (4) Either no process or equipment changes must have been made since 
the test was performed, or the owner or operator must be able to 
demonstrate that the results of the performance test, with or without 
adjustments, reliably demonstrate compliance despite process or 
equipment changes.

[75 FR 9676, Mar. 3, 2010, as amended at 75 FR 51589, Aug. 20, 2010]



Sec.  63.6615  When must I conduct subsequent performance tests?

    If you must comply with the emission limitations and operating 
limitations, you must conduct subsequent performance tests as specified 
in Table 3 of this subpart.



Sec.  63.6620  What performance tests and other procedures must I use?

    (a) You must conduct each performance test in Tables 3 and 4 of this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements that this subpart specifies in Table 4 to this subpart. If 
you own or operate a non-operational stationary RICE that is subject to 
performance testing, you do not need to start up the engine solely to 
conduct the performance test. Owners and operators of a non-operational 
engine can conduct the performance test when the engine is started up 
again. The test must be conducted at any load condition within plus or 
minus 10 percent of 100 percent load for the stationary RICE listed in 
paragraphs (b)(1) through (4) of this section.
    (1) Non-emergency 4SRB stationary RICE with a site rating of greater 
than 500 brake HP located at a major source of HAP emissions.
    (2) New non-emergency 4SLB stationary RICE with a site rating of 
greater than or equal to 250 brake HP located at a major source of HAP 
emissions.
    (3) New non-emergency 2SLB stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
    (4) New non-emergency CI stationary RICE with a site rating of 
greater than 500 brake HP located at a major source of HAP emissions.
    (c) [Reserved]
    (d) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec.  63.7(e)(3). Each 
test run must last at least 1 hour, unless otherwise specified in this 
subpart.
    (e)(1) You must use Equation 1 of this section to determine 
compliance with the percent reduction requirement:
[GRAPHIC] [TIFF OMITTED] TR30JA13.007


Where:

Ci = concentration of carbon monoxide (CO), total 
          hydrocarbons (THC), or formaldehyde at the control device 
          inlet,
Co = concentration of CO, THC, or formaldehyde at the control 
          device outlet, and
R = percent reduction of CO, THC, or formaldehyde emissions.

    (2) You must normalize the CO, THC, or formaldehyde concentrations 
at the inlet and outlet of the control device to a dry basis and to 15 
percent oxygen, or an equivalent percent carbon dioxide 
(CO2). If pollutant concentrations are to be corrected to 15 
percent oxygen and CO2 concentration is measured in lieu of 
oxygen concentration measurement, a CO2 correction factor is 
needed. Calculate the CO2 correction factor as described in 
paragraphs (e)(2)(i) through (iii) of this section.
    (i) Calculate the fuel-specific Fo value for the fuel 
burned during the test using values obtained from Method 19, Section 
5.2, and the following equation:

[[Page 26]]

[GRAPHIC] [TIFF OMITTED] TR30JA13.008

Where:

Fo = Fuel factor based on the ratio of oxygen volume to the 
          ultimate CO2 volume produced by the fuel at zero 
          percent excess air.
0.209 = Fraction of air that is oxygen, percent/100.
Fd = Ratio of the volume of dry effluent gas to the gross 
          calorific value of the fuel from Method 19, dsm\3\/J (dscf/
          10\6\ Btu).
Fc = Ratio of the volume of CO2 produced to the 
          gross calorific value of the fuel from Method 19, dsm\3\/J 
          (dscf/10\6\ Btu)

    (ii) Calculate the CO2 correction factor for correcting 
measurement data to 15 percent O2, as follows:
[GRAPHIC] [TIFF OMITTED] TR30JA13.009

Where:

XCO2 = CO2 correction factor, percent.
5.9 = 20.9 percent O2--15 percent O2, the defined 
          O2 correction value, percent.
    (iii) Calculate the CO, THC, and formaldehyde gas concentrations 
adjusted to 15 percent O2 using CO2 as follows:
[GRAPHIC] [TIFF OMITTED] TR30JA13.010

Where:

Cadj = Calculated concentration of CO, THC, or formaldehyde 
          adjusted to 15 percent O2.
Cd = Measured concentration of CO, THC, or formaldehyde, 
          uncorrected.
XCO2 = CO2 correction factor, percent.
%CO2 = Measured CO2 concentration measured, dry 
          basis, percent.

    (f) If you comply with the emission limitation to reduce CO and you 
are not using an oxidation catalyst, if you comply with the emission 
limitation to reduce formaldehyde and you are not using NSCR, or if you 
comply with the emission limitation to limit the concentration of 
formaldehyde in the stationary RICE exhaust and you are not using an 
oxidation catalyst or NSCR, you must petition the Administrator for 
operating limitations to be established during the initial performance 
test and continuously monitored thereafter; or for approval of no 
operating limitations. You must not conduct the initial performance test 
until after the petition has been approved by the Administrator.
    (g) If you petition the Administrator for approval of operating 
limitations, your petition must include the information described in 
paragraphs (g)(1) through (5) of this section.
    (1) Identification of the specific parameters you propose to use as 
operating limitations;
    (2) A discussion of the relationship between these parameters and 
HAP emissions, identifying how HAP emissions change with changes in 
these parameters, and how limitations on these parameters will serve to 
limit HAP emissions;
    (3) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the limits on these 
parameters in the operating limitations;
    (4) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor

[[Page 27]]

these parameters, as well as the relative accuracy and precision of 
these methods and instruments; and
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (h) If you petition the Administrator for approval of no operating 
limitations, your petition must include the information described in 
paragraphs (h)(1) through (7) of this section.
    (1) Identification of the parameters associated with operation of 
the stationary RICE and any emission control device which could change 
intentionally (e.g., operator adjustment, automatic controller 
adjustment, etc.) or unintentionally (e.g., wear and tear, error, etc.) 
on a routine basis or over time;
    (2) A discussion of the relationship, if any, between changes in the 
parameters and changes in HAP emissions;
    (3) For the parameters which could change in such a way as to 
increase HAP emissions, a discussion of whether establishing limitations 
on the parameters would serve to limit HAP emissions;
    (4) For the parameters which could change in such a way as to 
increase HAP emissions, a discussion of how you could establish upper 
and/or lower values for the parameters which would establish limits on 
the parameters in operating limitations;
    (5) For the parameters, a discussion identifying the methods you 
could use to measure them and the instruments you could use to monitor 
them, as well as the relative accuracy and precision of the methods and 
instruments;
    (6) For the parameters, a discussion identifying the frequency and 
methods for recalibrating the instruments you could use to monitor them; 
and
    (7) A discussion of why, from your point of view, it is infeasible 
or unreasonable to adopt the parameters as operating limitations.
    (i) The engine percent load during a performance test must be 
determined by documenting the calculations, assumptions, and measurement 
devices used to measure or estimate the percent load in a specific 
application. A written report of the average percent load determination 
must be included in the notification of compliance status. The following 
information must be included in the written report: the engine model 
number, the engine manufacturer, the year of purchase, the 
manufacturer's site-rated brake horsepower, the ambient temperature, 
pressure, and humidity during the performance test, and all assumptions 
that were made to estimate or calculate percent load during the 
performance test must be clearly explained. If measurement devices such 
as flow meters, kilowatt meters, beta analyzers, stain gauges, etc. are 
used, the model number of the measurement device, and an estimate of its 
accurate in percentage of true value must be provided.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9676, Mar. 3, 2010; 78 
FR 6702, Jan. 30, 2013]



Sec.  63.6625  What are my monitoring, installation, collection, operation,
and maintenance requirements?

    (a) If you elect to install a CEMS as specified in Table 5 of this 
subpart, you must install, operate, and maintain a CEMS to monitor CO 
and either O2 or CO2 according to the requirements 
in paragraphs (a)(1) through (4) of this section. If you are meeting a 
requirement to reduce CO emissions, the CEMS must be installed at both 
the inlet and outlet of the control device. If you are meeting a 
requirement to limit the concentration of CO, the CEMS must be installed 
at the outlet of the control device.
    (1) Each CEMS must be installed, operated, and maintained according 
to the applicable performance specifications of 40 CFR part 60, appendix 
B.
    (2) You must conduct an initial performance evaluation and an annual 
relative accuracy test audit (RATA) of each CEMS according to the 
requirements in Sec.  63.8 and according to the applicable performance 
specifications of 40 CFR part 60, appendix B as well as daily and 
periodic data quality checks in accordance with 40 CFR part 60, appendix 
F, procedure 1.
    (3) As specified in Sec.  63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. You must have at least 
two data points, with

[[Page 28]]

each representing a different 15-minute period, to have a valid hour of 
data.
    (4) The CEMS data must be reduced as specified in Sec.  63.8(g)(2) 
and recorded in parts per million or parts per billion (as appropriate 
for the applicable limitation) at 15 percent oxygen or the equivalent 
CO2 concentration.
    (b) If you are required to install a continuous parameter monitoring 
system (CPMS) as specified in Table 5 of this subpart, you must install, 
operate, and maintain each CPMS according to the requirements in 
paragraphs (b)(1) through (6) of this section. For an affected source 
that is complying with the emission limitations and operating 
limitations on March 9, 2011, the requirements in paragraph (b) of this 
section are applicable September 6, 2011.
    (1) You must prepare a site-specific monitoring plan that addresses 
the monitoring system design, data collection, and the quality assurance 
and quality control elements outlined in paragraphs (b)(1)(i) through 
(v) of this section and in Sec.  63.8(d). As specified 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 (b)(1) through (5) of this section in your site-specific 
monitoring plan.
    (i) The performance criteria and design specifications for the 
monitoring system equipment, including the sample interface, detector 
signal analyzer, and data acquisition and calculations;
    (ii) Sampling interface (e.g., thermocouple) location such that the 
monitoring system will provide representative measurements;
    (iii) Equipment performance evaluations, system accuracy audits, or 
other audit procedures;
    (iv) Ongoing operation and maintenance procedures in accordance with 
provisions in Sec.  63.8(c)(1)(ii) and (c)(3); and
    (v) Ongoing reporting and recordkeeping procedures in accordance 
with provisions in Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (2) You must install, operate, and maintain each CPMS in continuous 
operation according to the procedures in your site-specific monitoring 
plan.
    (3) The CPMS must collect data at least once every 15 minutes (see 
also Sec.  63.6635).
    (4) For a CPMS for measuring temperature range, the temperature 
sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees 
Fahrenheit) or 1 percent of the measurement range, whichever is larger.
    (5) You must conduct the CPMS equipment performance evaluation, 
system accuracy audits, or other audit procedures specified in your 
site-specific monitoring plan at least annually.
    (6) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (c) If you are operating a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must monitor and 
record your fuel usage daily with separate fuel meters to measure the 
volumetric flow rate of each fuel. In addition, you must operate your 
stationary RICE in a manner which reasonably minimizes HAP emissions.
    (d) If you are operating a new or reconstructed emergency 4SLB 
stationary RICE with a site rating of greater than or equal to 250 and 
less than or equal to 500 brake HP located at a major source of HAP 
emissions, you must install a non-resettable hour meter prior to the 
startup of the engine.
    (e) If you own or operate any of the following stationary RICE, you 
must operate and maintain the stationary RICE and after-treatment 
control device (if any) according to the manufacturer's emission-related 
written instructions or develop your own maintenance plan which must 
provide to the extent practicable for the maintenance and operation of 
the engine in a manner consistent with good air pollution control 
practice for minimizing emissions:
    (1) An existing stationary RICE with a site rating of less than 100 
HP located at a major source of HAP emissions;

[[Page 29]]

    (2) An existing emergency or black start stationary RICE with a site 
rating of less than or equal to 500 HP located at a major source of HAP 
emissions;
    (3) An existing emergency or black start stationary RICE located at 
an area source of HAP emissions;
    (4) An existing non-emergency, non-black start stationary CI RICE 
with a site rating less than or equal to 300 HP located at an area 
source of HAP emissions;
    (5) An existing non-emergency, non-black start 2SLB stationary RICE 
located at an area source of HAP emissions;
    (6) An existing non-emergency, non-black start stationary RICE 
located at an area source of HAP emissions which combusts landfill or 
digester gas equivalent to 10 percent or more of the gross heat input on 
an annual basis.
    (7) An existing non-emergency, non-black start 4SLB stationary RICE 
with a site rating less than or equal to 500 HP located at an area 
source of HAP emissions;
    (8) An existing non-emergency, non-black start 4SRB stationary RICE 
with a site rating less than or equal to 500 HP located at an area 
source of HAP emissions;
    (9) An existing, non-emergency, non-black start 4SLB stationary RICE 
with a site rating greater than 500 HP located at an area source of HAP 
emissions that is operated 24 hours or less per calendar year; and
    (10) An existing, non-emergency, non-black start 4SRB stationary 
RICE with a site rating greater than 500 HP located at an area source of 
HAP emissions that is operated 24 hours or less per calendar year.
    (f) If you own or operate an existing emergency stationary RICE with 
a site rating of less than or equal to 500 brake HP located at a major 
source of HAP emissions or an existing emergency stationary RICE located 
at an area source of HAP emissions, you must install a non-resettable 
hour meter if one is not already installed.
    (g) If you own or operate an existing non-emergency, non-black start 
CI engine greater than or equal to 300 HP that is not equipped with a 
closed crankcase ventilation system, you must comply with either 
paragraph (g)(1) or paragraph (2) of this section. Owners and operators 
must follow the manufacturer's specified maintenance requirements for 
operating and maintaining the open or closed crankcase ventilation 
systems and replacing the crankcase filters, or can request the 
Administrator to approve different maintenance requirements that are as 
protective as manufacturer requirements. Existing CI engines located at 
area sources in areas of Alaska that meet either Sec.  63.6603(b)(1) or 
Sec.  63.6603(b)(2) do not have to meet the requirements of this 
paragraph (g). Existing CI engines located on offshore vessels that meet 
Sec.  63.6603(c) do not have to meet the requirements of this paragraph 
(g).
    (1) Install a closed crankcase ventilation system that prevents 
crankcase emissions from being emitted to the atmosphere, or
    (2) Install an open crankcase filtration emission control system 
that reduces emissions from the crankcase by filtering the exhaust 
stream to remove oil mist, particulates and metals.
    (h) If you operate a new, reconstructed, or existing stationary 
engine, you must minimize the engine's time spent at idle during startup 
and minimize the engine's startup time to a period needed for 
appropriate and safe loading of the engine, not to exceed 30 minutes, 
after which time the emission standards applicable to all times other 
than startup in Tables 1a, 2a, 2c, and 2d to this subpart apply.
    (i) If you own or operate a stationary CI engine that is subject to 
the work, operation or management practices in items 1 or 2 of Table 2c 
to this subpart or in items 1 or 4 of Table 2d to this subpart, you have 
the option of utilizing an oil analysis program in order to extend the 
specified oil change requirement in Tables 2c and 2d to this subpart. 
The oil analysis must be performed at the same frequency specified for 
changing the oil in Table 2c or 2d to this subpart. The analysis program 
must at a minimum analyze the following three parameters: Total Base 
Number, viscosity, and percent water content. The condemning limits for 
these parameters are as follows: Total Base Number is less than 30 
percent of

[[Page 30]]

the Total Base Number of the oil when new; viscosity of the oil has 
changed by more than 20 percent from the viscosity of the oil when new; 
or percent water content (by volume) is greater than 0.5. If all of 
these condemning limits are not exceeded, the engine owner or operator 
is not required to change the oil. If any of the limits are exceeded, 
the engine owner or operator must change the oil within 2 business days 
of receiving the results of the analysis; if the engine is not in 
operation when the results of the analysis are received, the engine 
owner or operator must change the oil within 2 business days or before 
commencing operation, whichever is later. The owner or operator must 
keep records of the parameters that are analyzed as part of the program, 
the results of the analysis, and the oil changes for the engine. The 
analysis program must be part of the maintenance plan for the engine.
    (j) If you own or operate a stationary SI engine that is subject to 
the work, operation or management practices in items 6, 7, or 8 of Table 
2c to this subpart or in items 5, 6, 7, 9, or 11 of Table 2d to this 
subpart, you have the option of utilizing an oil analysis program in 
order to extend the specified oil change requirement in Tables 2c and 2d 
to this subpart. The oil analysis must be performed at the same 
frequency specified for changing the oil in Table 2c or 2d to this 
subpart. The analysis program must at a minimum analyze the following 
three parameters: Total Acid Number, viscosity, and percent water 
content. The condemning limits for these parameters are as follows: 
Total Acid Number increases by more than 3.0 milligrams of potassium 
hydroxide (KOH) per gram from Total Acid Number of the oil when new; 
viscosity of the oil has changed by more than 20 percent from the 
viscosity of the oil when new; or percent water content (by volume) is 
greater than 0.5. If all of these condemning limits are not exceeded, 
the engine owner or operator is not required to change the oil. If any 
of the limits are exceeded, the engine owner or operator must change the 
oil within 2 business days of receiving the results of the analysis; if 
the engine is not in operation when the results of the analysis are 
received, the engine owner or operator must change the oil within 2 
business days or before commencing operation, whichever is later. The 
owner or operator must keep records of the parameters that are analyzed 
as part of the program, the results of the analysis, and the oil changes 
for the engine. The analysis program must be part of the maintenance 
plan for the engine.

[69 FR 33506, June 15, 2004, as amended at 73 FR 3606, Jan. 18, 2008; 75 
FR 9676, Mar. 3, 2010; 75 FR 51589, Aug. 20, 2010; 76 FR 12866, Mar. 9, 
2011; 78 FR 6703, Jan. 30, 2013]



Sec.  63.6630  How do I demonstrate initial compliance with the emission
limitations, operating limitations, and other requirements?

    (a) You must demonstrate initial compliance with each emission 
limitation, operating limitation, and other requirement that applies to 
you according to Table 5 of this subpart.
    (b) During the initial performance test, you must establish each 
operating limitation in Tables 1b and 2b of this subpart that applies to 
you.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.6645.
    (d) Non-emergency 4SRB stationary RICE complying with the 
requirement to reduce formaldehyde emissions by 76 percent or more can 
demonstrate initial compliance with the formaldehyde emission limit by 
testing for THC instead of formaldehyde. The testing must be conducted 
according to the requirements in Table 4 of this subpart. The average 
reduction of emissions of THC determined from the performance test must 
be equal to or greater than 30 percent.
    (e) The initial compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than 
500 HP located at an area source of HAP that are not remote stationary 
RICE and that are operated more than 24 hours per calendar year must be 
conducted according to the following requirements:
    (1) The compliance demonstration must consist of at least three test 
runs.

[[Page 31]]

    (2) Each test run must be of at least 15 minute duration, except 
that each test conducted using the method in appendix A to this subpart 
must consist of at least one measurement cycle and include at least 2 
minutes of test data phase measurement.
    (3) If you are demonstrating compliance with the CO concentration or 
CO percent reduction requirement, you must measure CO emissions using 
one of the CO measurement methods specified in Table 4 of this subpart, 
or using appendix A to this subpart.
    (4) If you are demonstrating compliance with the THC percent 
reduction requirement, you must measure THC emissions using Method 25A, 
reported as propane, of 40 CFR part 60, appendix A.
    (5) You must measure O2 using one of the O2 
measurement methods specified in Table 4 of this subpart. Measurements 
to determine O2 concentration must be made at the same time 
as the measurements for CO or THC concentration.
    (6) If you are demonstrating compliance with the CO or THC percent 
reduction requirement, you must measure CO or THC emissions and 
O2 emissions simultaneously at the inlet and outlet of the 
control device.

[69 FR 33506, June 15, 2004, as amended at 78 FR 6704, Jan. 30, 2013]

                   Continuous Compliance Requirements



Sec.  63.6635  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) If you must comply with emission and operating limitations, you 
must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, required 
performance evaluations, and required quality assurance or control 
activities, you must monitor continuously at all times that the 
stationary RICE is operating. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring to 
provide valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels. You must, however, use all the valid data collected during all 
other periods.

[69 FR 33506, June 15, 2004, as amended at 76 FR 12867, Mar. 9, 2011]



Sec.  63.6640  How do I demonstrate continuous compliance with the emission
limitations, operating limitations, and other requirements?

    (a) You must demonstrate continuous compliance with each emission 
limitation, operating limitation, and other requirements in Tables 1a 
and 1b, Tables 2a and 2b, Table 2c, and Table 2d to this subpart that 
apply to you according to methods specified in Table 6 to this subpart.
    (b) You must report each instance in which you did not meet each 
emission limitation or operating limitation in Tables 1a and 1b, Tables 
2a and 2b, Table 2c, and Table 2d to this subpart that apply to you. 
These instances are deviations from the emission and operating 
limitations in this subpart. These deviations must be reported according 
to the requirements in Sec.  63.6650. If you change your catalyst, you 
must reestablish the values of the operating parameters measured during 
the initial performance test. When you reestablish the values of your 
operating parameters, you must also conduct a performance test to 
demonstrate that you are meeting the required emission limitation 
applicable to your stationary RICE.
    (c) The annual compliance demonstration required for existing non-
emergency 4SLB and 4SRB stationary RICE with a site rating of more than 
500 HP located at an area source of HAP that are not remote stationary 
RICE and that are operated more than 24 hours per calendar year must be 
conducted according to the following requirements:
    (1) The compliance demonstration must consist of at least one test 
run.
    (2) Each test run must be of at least 15 minute duration, except 
that each test conducted using the method in appendix A to this subpart 
must consist

[[Page 32]]

of at least one measurement cycle and include at least 2 minutes of test 
data phase measurement.
    (3) If you are demonstrating compliance with the CO concentration or 
CO percent reduction requirement, you must measure CO emissions using 
one of the CO measurement methods specified in Table 4 of this subpart, 
or using appendix A to this subpart.
    (4) If you are demonstrating compliance with the THC percent 
reduction requirement, you must measure THC emissions using Method 25A, 
reported as propane, of 40 CFR part 60, appendix A.
    (5) You must measure O2 using one of the O2 
measurement methods specified in Table 4 of this subpart. Measurements 
to determine O2 concentration must be made at the same time 
as the measurements for CO or THC concentration.
    (6) If you are demonstrating compliance with the CO or THC percent 
reduction requirement, you must measure CO or THC emissions and 
O2 emissions simultaneously at the inlet and outlet of the 
control device.
    (7) If the results of the annual compliance demonstration show that 
the emissions exceed the levels specified in Table 6 of this subpart, 
the stationary RICE must be shut down as soon as safely possible, and 
appropriate corrective action must be taken (e.g., repairs, catalyst 
cleaning, catalyst replacement). The stationary RICE must be retested 
within 7 days of being restarted and the emissions must meet the levels 
specified in Table 6 of this subpart. If the retest shows that the 
emissions continue to exceed the specified levels, the stationary RICE 
must again be shut down as soon as safely possible, and the stationary 
RICE may not operate, except for purposes of startup and testing, until 
the owner/operator demonstrates through testing that the emissions do 
not exceed the levels specified in Table 6 of this subpart.
    (d) For new, reconstructed, and rebuilt stationary RICE, deviations 
from the emission or operating limitations that occur during the first 
200 hours of operation from engine startup (engine burn-in period) are 
not violations. Rebuilt stationary RICE means a stationary RICE that has 
been rebuilt as that term is defined in 40 CFR 94.11(a).
    (e) You must also report each instance in which you did not meet the 
requirements in Table 8 to this subpart that apply to you. If you own or 
operate a new or reconstructed stationary RICE with a site rating of 
less than or equal to 500 brake HP located at a major source of HAP 
emissions (except new or reconstructed 4SLB engines greater than or 
equal to 250 and less than or equal to 500 brake HP), a new or 
reconstructed stationary RICE located at an area source of HAP 
emissions, or any of the following RICE with a site rating of more than 
500 brake HP located at a major source of HAP emissions, you do not need 
to comply with the requirements in Table 8 to this subpart: An existing 
2SLB stationary RICE, an existing 4SLB stationary RICE, an existing 
emergency stationary RICE, an existing limited use stationary RICE, or 
an existing stationary RICE which fires landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis. If you own or operate any of the following RICE with a site 
rating of more than 500 brake HP located at a major source of HAP 
emissions, you do not need to comply with the requirements in Table 8 to 
this subpart, except for the initial notification requirements: a new or 
reconstructed stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, a new or reconstructed emergency stationary RICE, or a new or 
reconstructed limited use stationary RICE.
    (f) If you own or operate an emergency stationary RICE, you must 
operate the emergency stationary RICE according to the requirements in 
paragraphs (f)(1) through (4) of this section. In order for the engine 
to be considered an emergency stationary RICE under this subpart, any 
operation other than emergency operation, maintenance and testing, 
emergency demand response, and operation in non-emergency situations for 
50 hours per year, as described in paragraphs (f)(1) through (4) of this 
section, is prohibited. If you do not operate the engine according to 
the requirements in paragraphs (f)(1) through

[[Page 33]]

(4) of this section, the engine will not be considered an emergency 
engine under this subpart and must meet all requirements for non-
emergency engines.
    (1) There is no time limit on the use of emergency stationary RICE 
in emergency situations.
    (2) You may operate your emergency stationary RICE for any 
combination of the purposes specified in paragraphs (f)(2)(i) through 
(iii) of this section for a maximum of 100 hours per calendar year. Any 
operation for non-emergency situations as allowed by paragraphs (f)(3) 
and (4) of this section counts as part of the 100 hours per calendar 
year allowed by this paragraph (f)(2).
    (i) Emergency stationary RICE may be operated for maintenance checks 
and readiness testing, provided that the tests are recommended by 
federal, state or local government, the manufacturer, the vendor, the 
regional transmission organization or equivalent balancing authority and 
transmission operator, or the insurance company associated with the 
engine. The owner or operator may petition the Administrator for 
approval of additional hours to be used for maintenance checks and 
readiness testing, but a petition is not required if the owner or 
operator maintains records indicating that federal, state, or local 
standards require maintenance and testing of emergency RICE beyond 100 
hours per calendar year.
    (ii) Emergency stationary RICE may be operated for emergency demand 
response for periods in which the Reliability Coordinator under the 
North American Electric Reliability Corporation (NERC) Reliability 
Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by 
reference, see Sec.  63.14), or other authorized entity as determined by 
the Reliability Coordinator, has declared an Energy Emergency Alert 
Level 2 as defined in the NERC Reliability Standard EOP-002-3.
    (iii) Emergency stationary RICE may be operated for periods where 
there is a deviation of voltage or frequency of 5 percent or greater 
below standard voltage or frequency.
    (3) Emergency stationary RICE located at major sources of HAP may be 
operated for up to 50 hours per calendar year in non-emergency 
situations. The 50 hours of operation in non-emergency situations are 
counted as part of the 100 hours per calendar year for maintenance and 
testing and emergency demand response provided in paragraph (f)(2) of 
this section. The 50 hours per year for non-emergency situations cannot 
be used for peak shaving or non-emergency demand response, or to 
generate income for a facility to supply power to an electric grid or 
otherwise supply power as part of a financial arrangement with another 
entity.
    (4) Emergency stationary RICE located at area sources of HAP may be 
operated for up to 50 hours per calendar year in non-emergency 
situations. The 50 hours of operation in non-emergency situations are 
counted as part of the 100 hours per calendar year for maintenance and 
testing and emergency demand response provided in paragraph (f)(2) of 
this section. Except as provided in paragraphs (f)(4)(i) and (ii) of 
this section, the 50 hours per year for non-emergency situations cannot 
be used for peak shaving or non-emergency demand response, or to 
generate income for a facility to an electric grid or otherwise supply 
power as part of a financial arrangement with another entity.
    (i) Prior to May 3, 2014, the 50 hours per year for non-emergency 
situations can be used for peak shaving or non-emergency demand response 
to generate income for a facility, or to otherwise supply power as part 
of a financial arrangement with another entity if the engine is operated 
as part of a peak shaving (load management program) with the local 
distribution system operator and the power is provided only to the 
facility itself or to support the local distribution system.
    (ii) The 50 hours per year for non-emergency situations can be used 
to supply power as part of a financial arrangement with another entity 
if all of the following conditions are met:
    (A) The engine is dispatched by the local balancing authority or 
local transmission and distribution system operator.
    (B) The dispatch is intended to mitigate local transmission and/or 
distribution limitations so as to avert potential voltage collapse or 
line overloads

[[Page 34]]

that could lead to the interruption of power supply in a local area or 
region.
    (C) The dispatch follows reliability, emergency operation or similar 
protocols that follow specific NERC, regional, state, public utility 
commission or local standards or guidelines.
    (D) The power is provided only to the facility itself or to support 
the local transmission and distribution system.
    (E) The owner or operator identifies and records the entity that 
dispatches the engine and the specific NERC, regional, state, public 
utility commission or local standards or guidelines that are being 
followed for dispatching the engine. The local balancing authority or 
local transmission and distribution system operator may keep these 
records on behalf of the engine owner or operator.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
73 FR 3606, Jan. 18, 2008; 75 FR 9676, Mar. 3, 2010; 75 FR 51591, Aug. 
20, 2010; 78 FR 6704, Jan. 30, 2013]

                   Notifications, Reports, and Records



Sec.  63.6645  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(e), (f)(4) and (f)(6), 63.9(b) through (e), and (g) and 
(h) that apply to you by the dates specified if you own or operate any 
of the following;
    (1) An existing stationary RICE with a site rating of less than or 
equal to 500 brake HP located at a major source of HAP emissions.
    (2) An existing stationary RICE located at an area source of HAP 
emissions.
    (3) A stationary RICE with a site rating of more than 500 brake HP 
located at a major source of HAP emissions.
    (4) A new or reconstructed 4SLB stationary RICE with a site rating 
of greater than or equal to 250 HP located at a major source of HAP 
emissions.
    (5) This requirement does not apply if you own or operate an 
existing stationary RICE less than 100 HP, an existing stationary 
emergency RICE, or an existing stationary RICE that is not subject to 
any numerical emission standards.
    (b) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of more than 500 brake HP located at 
a major source of HAP emissions before the effective date of this 
subpart, you must submit an Initial Notification not later than December 
13, 2004, or no later than 120 days after the source becomes subject to 
this subpart, whichever is later.
    (c) If you start up your new or reconstructed stationary RICE with a 
site rating of more than 500 brake HP located at a major source of HAP 
emissions on or after August 16, 2004, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (d) As specified in Sec.  63.9(b)(2), if you start up your 
stationary RICE with a site rating of equal to or less than 500 brake HP 
located at a major source of HAP emissions before the effective date of 
this subpart and you are required to submit an initial notification, you 
must submit an Initial Notification not later than July 16, 2008, or no 
later than 120 days after the source becomes subject to this subpart, 
whichever is later.
    (e) If you start up your new or reconstructed stationary RICE with a 
site rating of equal to or less than 500 brake HP located at a major 
source of HAP emissions on or after March 18, 2008 and you are required 
to submit an initial notification, you must submit an Initial 
Notification not later than 120 days after you become subject to this 
subpart.
    (f) If you are required to submit an Initial Notification but are 
otherwise not affected by the requirements of this subpart, in 
accordance with Sec.  63.6590(b), your notification should include the 
information in Sec.  63.9(b)(2)(i) through (v), and a statement that 
your stationary RICE has no additional requirements and explain the 
basis of the exclusion (for example, that it operates exclusively as an 
emergency stationary RICE if it has a site rating of more than 500 brake 
HP located at a major source of HAP emissions).
    (g) If you are required to conduct a performance test, you must 
submit a Notification of Intent to conduct a performance test at least 
60 days before the performance test is scheduled to begin as required in 
Sec.  63.7(b)(1).

[[Page 35]]

    (h) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 4 and 5 to this 
subpart, you must submit a Notification of Compliance Status according 
to Sec.  63.9(h)(2)(ii).
    (1) For each initial compliance demonstration required in Table 5 to 
this subpart that does not include a performance test, you must submit 
the Notification of Compliance Status before the close of business on 
the 30th day following the completion of the initial compliance 
demonstration.
    (2) For each initial compliance demonstration required in Table 5 to 
this subpart that includes a performance test conducted according to the 
requirements in Table 3 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th day following the 
completion of the performance test according to Sec.  63.10(d)(2).
    (i) If you own or operate an existing non-emergency CI RICE with a 
site rating of more than 300 HP located at an area source of HAP 
emissions that is certified to the Tier 1 or Tier 2 emission standards 
in Table 1 of 40 CFR 89.112 and subject to an enforceable state or local 
standard requiring engine replacement and you intend to meet management 
practices rather than emission limits, as specified in Sec.  63.6603(d), 
you must submit a notification by March 3, 2013, stating that you intend 
to use the provision in Sec.  63.6603(d) and identifying the state or 
local regulation that the engine is subject to.

[73 FR 3606, Jan. 18, 2008, as amended at 75 FR 9677, Mar. 3, 2010; 75 
FR 51591, Aug. 20, 2010; 78 FR 6705, Jan. 30, 2013; 85 FR 73912, Nov. 
19, 2020]



Sec.  63.6650  What reports must I submit and when?

    (a) You must submit each report in Table 7 of this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date in Table 7 of this subpart and according to the requirements 
in paragraphs (b)(1) through (b)(9) of this section.
    (1) For semiannual Compliance reports, the first Compliance report 
must cover the period beginning on the compliance date that is specified 
for your affected source in Sec.  63.6595 and ending on June 30 or 
December 31, whichever date is the first date following the end of the 
first calendar half after the compliance date that is specified for your 
source in Sec.  63.6595.
    (2) For semiannual Compliance reports, the first Compliance report 
must be postmarked or delivered no later than July 31 or January 31, 
whichever date follows the end of the first calendar half after the 
compliance date that is specified for your affected source in Sec.  
63.6595.
    (3) For semiannual Compliance reports, each subsequent Compliance 
report must cover the semiannual reporting period from January 1 through 
June 30 or the semiannual reporting period from July 1 through December 
31.
    (4) For semiannual Compliance reports, each subsequent Compliance 
report must be postmarked or delivered no later than July 31 or January 
31, whichever date is the first date following the end of the semiannual 
reporting period.
    (5) For each stationary RICE that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6 (a)(3)(iii)(A), you 
may submit the first and subsequent Compliance reports according to the 
dates the permitting authority has established instead of according to 
the dates in paragraphs (b)(1) through (b)(4) of this section.
    (6) For annual Compliance reports, the first Compliance report must 
cover the period beginning on the compliance date that is specified for 
your affected source in Sec.  63.6595 and ending on December 31.
    (7) For annual Compliance reports, the first Compliance report must 
be postmarked or delivered no later than January 31 following the end of 
the first calendar year after the compliance date that is specified for 
your affected source in Sec.  63.6595.

[[Page 36]]

    (8) For annual Compliance reports, each subsequent Compliance report 
must cover the annual reporting period from January 1 through December 
31.
    (9) For annual Compliance reports, each subsequent Compliance report 
must be postmarked or delivered no later than January 31.
    (c) The Compliance report must contain the information in paragraphs 
(c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction which occurred during the 
reporting period and which caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  63.6605(b), including actions taken to correct a malfunction.
    (5) If there are no deviations from any emission or operating 
limitations that apply to you, a statement that there were no deviations 
from the emission or operating limitations during the reporting period.
    (6) If there were no periods during which the continuous monitoring 
system (CMS), including CEMS and CPMS, was out-of-control, as specified 
in Sec.  63.8(c)(7), a statement that there were no periods during which 
the CMS was out-of-control during the reporting period.
    (d) For each deviation from an emission or operating limitation that 
occurs for a stationary RICE where you are not using a CMS to comply 
with the emission or operating limitations in this subpart, the 
Compliance report must contain the information in paragraphs (c)(1) 
through (4) of this section and the information in paragraphs (d)(1) and 
(2) of this section.
    (1) The total operating time of the stationary RICE at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (e) For each deviation from an emission or operating limitation 
occurring for a stationary RICE where you are using a CMS to comply with 
the emission and operating limitations in this subpart, you must include 
information in paragraphs (c)(1) through (4) and (e)(1) through (12) of 
this section.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out-of-control, 
including the information in Sec.  63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or during 
another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total operating time of the stationary RICE at which the CMS 
downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant (CO or 
formaldehyde) that was monitored at the stationary RICE.
    (9) A brief description of the stationary RICE.
    (10) A brief description of the CMS.
    (11) The date of the latest CMS certification or audit.
    (12) A description of any changes in CMS, processes, or controls 
since the last reporting period.

[[Page 37]]

    (f) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6 (a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected 
source submits a Compliance report pursuant to Table 7 of this subpart 
along with, or as part of, the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the 
Compliance report includes all required information concerning 
deviations from any emission or operating limitation in this subpart, 
submission of the Compliance report shall be deemed to satisfy any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a Compliance report shall not otherwise 
affect any obligation the affected source may have to report deviations 
from permit requirements to the permit authority.
    (g) If you are operating as a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must submit an 
annual report according to Table 7 of this subpart by the date specified 
unless the Administrator has approved a different schedule, according to 
the information described in paragraphs (b)(1) through (b)(5) of this 
section. You must report the data specified in (g)(1) through (g)(3) of 
this section.
    (1) Fuel flow rate of each fuel and the heating values that were 
used in your calculations. You must also demonstrate that the percentage 
of heat input provided by landfill gas or digester gas is equivalent to 
10 percent or more of the total fuel consumption on an annual basis.
    (2) The operating limits provided in your federally enforceable 
permit, and any deviations from these limits.
    (3) Any problems or errors suspected with the meters.
    (h) If you own or operate an emergency stationary RICE with a site 
rating of more than 100 brake HP that operates or is contractually 
obligated to be available for more than 15 hours per calendar year for 
the purposes specified in Sec.  63.6640(f)(2)(ii) and (iii) or that 
operates for the purpose specified in Sec.  63.6640(f)(4)(ii), you must 
submit an annual report according to the requirements in paragraphs 
(h)(1) through (3) of this section.
    (1) The report must contain the following information:
    (i) Company name and address where the engine is located.
    (ii) Date of the report and beginning and ending dates of the 
reporting period.
    (iii) Engine site rating and model year.
    (iv) Latitude and longitude of the engine in decimal degrees 
reported to the fifth decimal place.
    (v) Hours operated for the purposes specified in Sec.  
63.6640(f)(2)(ii) and (iii), including the date, start time, and end 
time for engine operation for the purposes specified in Sec.  
63.6640(f)(2)(ii) and (iii).
    (vi) Number of hours the engine is contractually obligated to be 
available for the purposes specified in Sec.  63.6640(f)(2)(ii) and 
(iii).
    (vii) Hours spent for operation for the purpose specified in Sec.  
63.6640(f)(4)(ii), including the date, start time, and end time for 
engine operation for the purposes specified in Sec.  63.6640(f)(4)(ii). 
The report must also identify the entity that dispatched the engine and 
the situation that necessitated the dispatch of the engine.
    (viii) If there were no deviations from the fuel requirements in 
Sec.  63.6604 that apply to the engine (if any), a statement that there 
were no deviations from the fuel requirements during the reporting 
period.
    (ix) If there were deviations from the fuel requirements in Sec.  
63.6604 that apply to the engine (if any), information on the number, 
duration, and cause of deviations, and the corrective action taken.
    (2) The first annual report must cover the calendar year 2015 and 
must be submitted no later than March 31, 2016. Subsequent annual 
reports for each calendar year must be submitted no later than March 31 
of the following calendar year.
    (3) The annual report must be submitted electronically using the 
subpart

[[Page 38]]

specific reporting form in the Compliance and Emissions Data Reporting 
Interface (CEDRI) that is accessed through EPA's Central Data Exchange 
(CDX) (www.epa.gov/cdx). However, if the reporting form specific to this 
subpart is not available in CEDRI at the time that the report is due, 
the written report must be submitted to the Administrator at the 
appropriate address listed in Sec.  63.13.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9677, Mar. 3, 2010; 78 
FR 6705, Jan. 30, 2013]



Sec.  63.6655  What records must I keep?

    (a) If you must comply with the emission and operating limitations, 
you must keep the records described in paragraphs (a)(1) through (a)(5), 
(b)(1) through (b)(3) and (c) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirement in Sec.  63.10(b)(2)(xiv).
    (2) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (3) Records of performance tests and performance evaluations as 
required in Sec.  63.10(b)(2)(viii).
    (4) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (5) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  63.6605(b), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (b) For each CEMS or CPMS, you must keep the records listed in 
paragraphs (b)(1) through (3) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi).
    (2) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec.  63.8(d)(3).
    (3) Requests for alternatives to the relative accuracy test for CEMS 
or CPMS as required in Sec.  63.8(f)(6)(i), if applicable.
    (c) If you are operating a new or reconstructed stationary RICE 
which fires landfill gas or digester gas equivalent to 10 percent or 
more of the gross heat input on an annual basis, you must keep the 
records of your daily fuel usage monitors.
    (d) You must keep the records required in Table 6 of this subpart to 
show continuous compliance with each emission or operating limitation 
that applies to you.
    (e) You must keep records of the maintenance conducted on the 
stationary RICE in order to demonstrate that you operated and maintained 
the stationary RICE and after-treatment control device (if any) 
according to your own maintenance plan if you own or operate any of the 
following stationary RICE;
    (1) An existing stationary RICE with a site rating of less than 100 
brake HP located at a major source of HAP emissions.
    (2) An existing stationary emergency RICE.
    (3) An existing stationary RICE located at an area source of HAP 
emissions subject to management practices as shown in Table 2d to this 
subpart.
    (f) If you own or operate any of the stationary RICE in paragraphs 
(f)(1) through (2) of this section, you must keep records of the hours 
of operation of the engine that is recorded through the non-resettable 
hour meter. The owner or operator must document how many hours are spent 
for emergency operation, including what classified the operation as 
emergency and how many hours are spent for non-emergency operation. If 
the engine is used for the purposes specified in Sec.  63.6640(f)(2)(ii) 
or (iii) or Sec.  63.6640(f)(4)(ii), the owner or operator must keep 
records of the notification of the emergency situation, and the date, 
start time, and end time of engine operation for these purposes.
    (1) An existing emergency stationary RICE with a site rating of less 
than or equal to 500 brake HP located at a major source of HAP emissions 
that does not meet the standards applicable to non-emergency engines.
    (2) An existing emergency stationary RICE located at an area source 
of HAP emissions that does not meet the

[[Page 39]]

standards applicable to non-emergency engines.

[69 FR 33506, June 15, 2004, as amended at 75 FR 9678, Mar. 3, 2010; 75 
FR 51592, Aug. 20, 2010; 78 FR 6706, Jan. 30, 2013]



Sec.  63.6660  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record readily accessible in hard copy or 
electronic form for at least 5 years after the date of each occurrence, 
measurement, maintenance, corrective action, report, or record, 
according to Sec.  63.10(b)(1).

[69 FR 33506, June 15, 2004, as amended at 75 FR 9678, Mar. 3, 2010]

                   Other Requirements and Information



Sec.  63.6665  What parts of the General Provisions apply to me?

    Table 8 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you. If you own or operate a 
new or reconstructed stationary RICE with a site rating of less than or 
equal to 500 brake HP located at a major source of HAP emissions (except 
new or reconstructed 4SLB engines greater than or equal to 250 and less 
than or equal to 500 brake HP), a new or reconstructed stationary RICE 
located at an area source of HAP emissions, or any of the following RICE 
with a site rating of more than 500 brake HP located at a major source 
of HAP emissions, you do not need to comply with any of the requirements 
of the General Provisions specified in Table 8: An existing 2SLB 
stationary RICE, an existing 4SLB stationary RICE, an existing 
stationary RICE that combusts landfill or digester gas equivalent to 10 
percent or more of the gross heat input on an annual basis, an existing 
emergency stationary RICE, or an existing limited use stationary RICE. 
If you own or operate any of the following RICE with a site rating of 
more than 500 brake HP located at a major source of HAP emissions, you 
do not need to comply with the requirements in the General Provisions 
specified in Table 8 except for the initial notification requirements: A 
new stationary RICE that combusts landfill gas or digester gas 
equivalent to 10 percent or more of the gross heat input on an annual 
basis, a new emergency stationary RICE, or a new limited use stationary 
RICE.

[75 FR 9678, Mar. 3, 2010]



Sec.  63.6670  Who implements and enforces this subpart?

    (a) This subpart is implemented and enforced by the U.S. EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
U.S. EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency (as well as the U.S. EPA) has the 
authority to implement and enforce this subpart. You should contact your 
U.S. EPA Regional Office to find out whether this subpart is delegated 
to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are:
    (1) Approval of alternatives to the non-opacity emission limitations 
and operating limitations in Sec.  63.6600 under Sec.  63.6(g).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.
    (5) Approval of a performance test which was conducted prior to the 
effective date of the rule, as specified in Sec.  63.6610(b).

[[Page 40]]



Sec.  63.6675  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA); 
in 40 CFR 63.2, the General Provisions of this part; and in this section 
as follows:
    Alaska Railbelt Grid means the service areas of the six regulated 
public utilities that extend from Fairbanks to Anchorage and the Kenai 
Peninsula. These utilities are Golden Valley Electric Association; 
Chugach Electric Association; Matanuska Electric Association; Homer 
Electric Association; Anchorage Municipal Light & Power; and the City of 
Seward Electric System.
    Area source means any stationary source of HAP that is not a major 
source as defined in part 63.
    Associated equipment as used in this subpart and as referred to in 
section 112(n)(4) of the CAA, means equipment associated with an oil or 
natural gas exploration or production well, and includes all equipment 
from the well bore to the point of custody transfer, except glycol 
dehydration units, storage vessels with potential for flash emissions, 
combustion turbines, and stationary RICE.
    Backup power for renewable energy means an engine that provides 
backup power to a facility that generates electricity from renewable 
energy resources, as that term is defined in Alaska Statute 
42.45.045(l)(5) (incorporated by reference, see Sec.  63.14).
    Black start engine means an engine whose only purpose is to start up 
a combustion turbine.
    CAA means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Public Law 101-549, 104 Stat. 2399).
    Commercial emergency stationary RICE means an emergency stationary 
RICE used in commercial establishments such as office buildings, hotels, 
stores, telecommunications facilities, restaurants, financial 
institutions such as banks, doctor's offices, and sports and performing 
arts facilities.
    Compression ignition means relating to a type of stationary internal 
combustion engine that is not a spark ignition engine.
    Custody transfer means the transfer of hydrocarbon liquids or 
natural gas: After processing and/or treatment in the producing 
operations, or from storage vessels or automatic transfer facilities or 
other such equipment, including product loading racks, to pipelines or 
any other forms of transportation. For the purposes of this subpart, the 
point at which such liquids or natural gas enters a natural gas 
processing plant is a point of custody transfer.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation or 
operating limitation;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation or operating limitation in 
this subpart during malfunction, regardless or whether or not such 
failure is permitted by this subpart.
    (4) Fails to satisfy the general duty to minimize emissions 
established by Sec.  63.6(e)(1)(i).
    Diesel engine means any stationary RICE in which a high boiling 
point liquid fuel injected into the combustion chamber ignites when the 
air charge has been compressed to a temperature sufficiently high for 
auto-ignition. This process is also known as compression ignition.
    Diesel fuel means any liquid obtained from the distillation of 
petroleum with a boiling point of approximately 150 to 360 degrees 
Celsius. One commonly used form is fuel oil number 2. Diesel fuel also 
includes any non-distillate fuel with comparable physical and chemical 
properties (e.g. biodiesel) that is suitable for use in compression 
ignition engines.
    Digester gas means any gaseous by-product of wastewater treatment 
typically formed through the anaerobic decomposition of organic waste 
materials and composed principally of methane and CO2.
    Dual-fuel engine means any stationary RICE in which a liquid fuel

[[Page 41]]

(typically diesel fuel) is used for compression ignition and gaseous 
fuel (typically natural gas) is used as the primary fuel.
    Emergency stationary RICE means any stationary reciprocating 
internal combustion engine that meets all of the criteria in paragraphs 
(1) through (3) of this definition. All emergency stationary RICE must 
comply with the requirements specified in Sec.  63.6640(f) in order to 
be considered emergency stationary RICE. If the engine does not comply 
with the requirements specified in Sec.  63.6640(f), then it is not 
considered to be an emergency stationary RICE under this subpart.
    (1) The stationary RICE is operated to provide electrical power or 
mechanical work during an emergency situation. Examples include 
stationary RICE used to produce power for critical networks or equipment 
(including power supplied to portions of a facility) when electric power 
from the local utility (or the normal power source, if the facility runs 
on its own power production) is interrupted, or stationary RICE used to 
pump water in the case of fire or flood, etc.
    (2) The stationary RICE is operated under limited circumstances for 
situations not included in paragraph (1) of this definition, as 
specified in Sec.  63.6640(f).
    (3) The stationary RICE operates as part of a financial arrangement 
with another entity in situations not included in paragraph (1) of this 
definition only as allowed in Sec.  63.6640(f)(2)(ii) or (iii) and Sec.  
63.6640(f)(4)(i) or (ii).
    Engine startup means the time from initial start until applied load 
and engine and associated equipment reaches steady state or normal 
operation. For stationary engine with catalytic controls, engine startup 
means the time from initial start until applied load and engine and 
associated equipment, including the catalyst, reaches steady state or 
normal operation.
    Four-stroke engine means any type of engine which completes the 
power cycle in two crankshaft revolutions, with intake and compression 
strokes in the first revolution and power and exhaust strokes in the 
second revolution.
    Gaseous fuel means a material used for combustion which is in the 
gaseous state at standard atmospheric temperature and pressure 
conditions.
    Gasoline means any fuel sold in any State for use in motor vehicles 
and motor vehicle engines, or nonroad or stationary engines, and 
commonly or commercially known or sold as gasoline.
    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.
    Hazardous air pollutants (HAP) means any air pollutants listed in or 
pursuant to section 112(b) of the CAA.
    Institutional emergency stationary RICE means an emergency 
stationary RICE used in institutional establishments such as medical 
centers, nursing homes, research centers, institutions of higher 
education, correctional facilities, elementary and secondary schools, 
libraries, religious establishments, police stations, and fire stations.
    ISO standard day conditions means 288 degrees Kelvin (15 degrees 
Celsius), 60 percent relative humidity and 101.3 kilopascals pressure.
    Landfill gas means a gaseous by-product of the land application of 
municipal refuse typically formed through the anaerobic decomposition of 
waste materials and composed principally of methane and CO2.
    Lean burn engine means any two-stroke or four-stroke spark ignited 
engine that does not meet the definition of a rich burn engine.
    Limited use stationary RICE means any stationary RICE that operates 
less than 100 hours per year.
    Liquefied petroleum gas means any liquefied hydrocarbon gas obtained 
as a by-product in petroleum refining of natural gas production.

[[Page 42]]

    Liquid fuel means any fuel in liquid form at standard temperature 
and pressure, including but not limited to diesel, residual/crude oil, 
kerosene/naphtha (jet fuel), and gasoline.
    Major Source, as used in this subpart, shall have the same meaning 
as in Sec.  63.2, except that:
    (1) Emissions from any oil or gas exploration or production well 
(with its associated equipment (as defined in this section)) and 
emissions from any pipeline compressor station or pump station shall not 
be aggregated with emissions from other similar units, to determine 
whether such emission points or stations are major sources, even when 
emission points are in a contiguous area or under common control;
    (2) For oil and gas production facilities, emissions from processes, 
operations, or equipment that are not part of the same oil and gas 
production facility, as defined in Sec.  63.1271 of subpart HHH of this 
part, shall not be aggregated;
    (3) For production field facilities, only HAP emissions from glycol 
dehydration units, storage vessel with the potential for flash 
emissions, combustion turbines and reciprocating internal combustion 
engines shall be aggregated for a major source determination; and
    (4) Emissions from processes, operations, and equipment that are not 
part of the same natural gas transmission and storage facility, as 
defined in Sec.  63.1271 of subpart HHH of this part, shall not be 
aggregated.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner which 
causes, or has the potential to cause, the emission limitations in an 
applicable standard to be exceeded. Failures that are caused in part by 
poor maintenance or careless operation are not malfunctions.
    Natural gas means a naturally occurring mixture of hydrocarbon and 
non-hydrocarbon gases found in geologic formations beneath the Earth's 
surface, of which the principal constituent is methane. Natural gas may 
be field or pipeline quality.
    Non-selective catalytic reduction (NSCR) means an add-on catalytic 
nitrogen oxides (NOX) control device for rich burn engines 
that, in a two-step reaction, promotes the conversion of excess oxygen, 
NOX, CO, and volatile organic compounds (VOC) into 
CO2, nitrogen, and water.
    Oil and gas production facility as used in this subpart means any 
grouping of equipment where hydrocarbon liquids are processed, upgraded 
(i.e., remove impurities or other constituents to meet contract 
specifications), or stored prior to the point of custody transfer; or 
where natural gas is processed, upgraded, or stored prior to entering 
the natural gas transmission and storage source category. For purposes 
of a major source determination, facility (including a building, 
structure, or installation) means oil and natural gas production and 
processing equipment that is located within the boundaries of an 
individual surface site as defined in this section. Equipment that is 
part of a facility will typically be located within close proximity to 
other equipment located at the same facility. Pieces of production 
equipment or groupings of equipment located on different oil and gas 
leases, mineral fee tracts, lease tracts, subsurface or surface unit 
areas, surface fee tracts, surface lease tracts, or separate surface 
sites, whether or not connected by a road, waterway, power line or 
pipeline, shall not be considered part of the same facility. Examples of 
facilities in the oil and natural gas production source category 
include, but are not limited to, well sites, satellite tank batteries, 
central tank batteries, a compressor station that transports natural gas 
to a natural gas processing plant, and natural gas processing plants.
    Oxidation catalyst means an add-on catalytic control device that 
controls CO and VOC by oxidation.
    Peaking unit or engine means any standby engine intended for use 
during periods of high demand that are not emergencies.
    Percent load means the fractional power of an engine compared to its

[[Page 43]]

maximum manufacturer's design capacity at engine site conditions. 
Percent load may range between 0 percent to above 100 percent.
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of 
material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable. For oil and natural gas production facilities 
subject to subpart HH of this part, the potential to emit provisions in 
Sec.  63.760(a) may be used. For natural gas transmission and storage 
facilities subject to subpart HHH of this part, the maximum annual 
facility gas throughput for storage facilities may be determined 
according to Sec.  63.1270(a)(1) and the maximum annual throughput for 
transmission facilities may be determined according to Sec.  
63.1270(a)(2).
    Production field facility means those oil and gas production 
facilities located prior to the point of custody transfer.
    Production well means any hole drilled in the earth from which crude 
oil, condensate, or field natural gas is extracted.
    Propane means a colorless gas derived from petroleum and natural 
gas, with the molecular structure C3H8.
    Remote stationary RICE means stationary RICE meeting any of the 
following criteria:
    (1) Stationary RICE located in an offshore area that is beyond the 
line of ordinary low water along that portion of the coast of the United 
States that is in direct contact with the open seas and beyond the line 
marking the seaward limit of inland waters.
    (2) Stationary RICE located on a pipeline segment that meets both of 
the criteria in paragraphs (2)(i) and (ii) of this definition.
    (i) A pipeline segment with 10 or fewer buildings intended for human 
occupancy and no buildings with four or more stories within 220 yards 
(200 meters) on either side of the centerline of any continuous 1-mile 
(1.6 kilometers) length of pipeline. Each separate dwelling unit in a 
multiple dwelling unit building is counted as a separate building 
intended for human occupancy.
    (ii) The pipeline segment does not lie within 100 yards (91 meters) 
of either a building or a small, well-defined outside area (such as a 
playground, recreation area, outdoor theater, or other place of public 
assembly) that is occupied by 20 or more persons on at least 5 days a 
week for 10 weeks in any 12-month period. The days and weeks need not be 
consecutive. The building or area is considered occupied for a full day 
if it is occupied for any portion of the day.
    (iii) For purposes of this paragraph (2), the term pipeline segment 
means all parts of those physical facilities through which gas moves in 
transportation, including but not limited to pipe, valves, and other 
appurtenance attached to pipe, compressor units, metering stations, 
regulator stations, delivery stations, holders, and fabricated 
assemblies. Stationary RICE located within 50 yards (46 meters) of the 
pipeline segment providing power for equipment on a pipeline segment are 
part of the pipeline segment. Transportation of gas means the gathering, 
transmission, or distribution of gas by pipeline, or the storage of gas. 
A building is intended for human occupancy if its primary use is for a 
purpose involving the presence of humans.
    (3) Stationary RICE that are not located on gas pipelines and that 
have 5 or fewer buildings intended for human occupancy and no buildings 
with four or more stories within a 0.25 mile radius around the engine. A 
building is intended for human occupancy if its primary use is for a 
purpose involving the presence of humans.
    Residential emergency stationary RICE means an emergency stationary 
RICE used in residential establishments such as homes or apartment 
buildings.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Rich burn engine means any four-stroke spark ignited engine where 
the manufacturer's recommended operating air/fuel ratio divided by the 
stoichiometric air/fuel ratio at full load

[[Page 44]]

conditions is less than or equal to 1.1. Engines originally manufactured 
as rich burn engines, but modified prior to December 19, 2002 with 
passive emission control technology for NOX (such as pre-
combustion chambers) will be considered lean burn engines. Also, 
existing engines where there are no manufacturer's recommendations 
regarding air/fuel ratio will be considered a rich burn engine if the 
excess oxygen content of the exhaust at full load conditions is less 
than or equal to 2 percent.
    Site-rated HP means the maximum manufacturer's design capacity at 
engine site conditions.
    Spark ignition means relating to either: A gasoline-fueled engine; 
or any other type of engine with a spark plug (or other sparking device) 
and with operating characteristics significantly similar to the 
theoretical Otto combustion cycle. Spark ignition engines usually use a 
throttle to regulate intake air flow to control power during normal 
operation. Dual-fuel engines in which a liquid fuel (typically diesel 
fuel) is used for CI and gaseous fuel (typically natural gas) is used as 
the primary fuel at an annual average ratio of less than 2 parts diesel 
fuel to 100 parts total fuel on an energy equivalent basis are spark 
ignition engines.
    Stationary reciprocating internal combustion engine (RICE) means any 
reciprocating internal combustion engine which uses reciprocating motion 
to convert heat energy into mechanical work and which is not mobile. 
Stationary RICE differ from mobile RICE in that a stationary RICE is not 
a non-road engine as defined at 40 CFR 1068.30, and is not used to 
propel a motor vehicle or a vehicle used solely for competition.
    Stationary RICE test cell/stand means an engine test cell/stand, as 
defined in subpart PPPPP of this part, that tests stationary RICE.
    Stoichiometric means the theoretical air-to-fuel ratio required for 
complete combustion.
    Storage vessel with the potential for flash emissions means any 
storage vessel that contains a hydrocarbon liquid with a stock tank gas-
to-oil ratio equal to or greater than 0.31 cubic meters per liter and an 
American Petroleum Institute gravity equal to or greater than 40 degrees 
and an actual annual average hydrocarbon liquid throughput equal to or 
greater than 79,500 liters per day. Flash emissions occur when dissolved 
hydrocarbons in the fluid evolve from solution when the fluid pressure 
is reduced.
    Subpart means 40 CFR part 63, subpart ZZZZ.
    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.
    Two-stroke engine means a type of engine which completes the power 
cycle in single crankshaft revolution by combining the intake and 
compression operations into one stroke and the power and exhaust 
operations into a second stroke. This system requires auxiliary 
scavenging and inherently runs lean of stoichiometric.

[69 FR 33506, June 15, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 
73 FR 3607, Jan. 18, 2008; 75 FR 9679, Mar. 3, 2010; 75 FR 51592, Aug. 
20, 2010; 76 FR 12867, Mar. 9, 2011; 78 FR 6706, Jan. 30, 2013]



   Sec. Table 1a to Subpart ZZZZ of Part 63--Emission Limitations for 
 Existing, New, and Reconstructed Spark Ignition, 4SRB Stationary RICE 
      500 HP Located at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6600 and 63.6640, you must comply with 
the following emission limitations at 100 percent load plus or minus 10 
percent for existing, new and reconstructed 4SRB stationary RICE 
500 HP located at a major source of HAP emissions:

[[Page 45]]



------------------------------------------------------------------------
                                You must meet the
                               following emission     During periods of
       For each . . .          limitation, except   startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. 4SRB stationary RICE.....  a. Reduce             Minimize the
                               formaldehyde          engine's time spent
                               emissions by 76       at idle and
                               percent or more. If   minimize the
                               you commenced         engine's startup
                               construction or       time at startup to
                               reconstruction        a period needed for
                               between December      appropriate and
                               19, 2002 and June     safe loading of the
                               15, 2004, you may     engine, not to
                               reduce formaldehyde   exceed 30 minutes,
                               emissions by 75       after which time
                               percent or more       the non-startup
                               until June 15, 2007   emission
                               or.                   limitations
                                                     apply.\1\
                              b. Limit the
                               concentration of
                               formaldehyde in the
                               stationary RICE
                               exhaust to 350
                               ppbvd or less at 15
                               percent O2.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.6(g) for alternative work practices.


[75 FR 9679, Mar. 3, 2010, as amended at 75 FR 51592, Aug. 20, 2010]



  Sec. Table 1b to Subpart ZZZZ of Part 63--Operating Limitations for 
Existing, New, and Reconstructed SI 4SRB Stationary RICE 500 
              HP Located at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6600, 63.6603, 63.6630 and 63.6640, you 
must comply with the following operating limitations for existing, new 
and reconstructed 4SRB stationary RICE 500 HP located at a 
major source of HAP emissions:

------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                operating limitation, except
                                         during periods of startup . . .
------------------------------------------------------------------------
1. existing, new and reconstructed 4SRB  a. maintain your catalyst so
 stationary RICE 500 HP        that the pressure drop across
 located at a major source of HAP         the catalyst does not change
 emissions complying with the             by more than 2 inches of water
 requirement to reduce formaldehyde       at 100 percent load plus or
 emissions by 76 percent or more (or by   minus 10 percent from the
 75 percent or more, if applicable) and   pressure drop across the
 using NSCR; or                           catalyst measured during the
existing, new and reconstructed 4SRB      initial performance test; and
 stationary RICE 500 HP       b. maintain the temperature of
 located at a major source of HAP         your stationary RICE exhaust
 emissions complying with the             so that the catalyst inlet
 requirement to limit the concentration   temperature is greater than or
 of formaldehyde in the stationary RICE   equal to 750 [deg]F and less
 exhaust to 350 ppbvd or less at 15       than or equal to 1250
 percent O2 and using NSCR;.              [deg]F.\1\
2. existing, new and reconstructed 4SRB  Comply with any operating
 stationary RICE 500 HP        limitations approved by the
 located at a major source of HAP         Administrator.
 emissions complying with the
 requirement to reduce formaldehyde
 emissions by 76 percent or more (or by
 75 percent or more, if applicable) and
 not using NSCR; or
existing, new and reconstructed 4SRB
 stationary RICE 500 HP
 located at a major source of HAP
 emissions complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust to 350 ppbvd or less at 15
 percent O2 and not using NSCR.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(f) for a different temperature range.


[78 FR 6706, Jan. 30, 2013]



 Sec. Table 2a to Subpart ZZZZ of Part 63--Emission Limitations for New 
    and Reconstructed 2SLB and Compression Ignition Stationary RICE 
    500 HP and New and Reconstructed 4SLB Stationary RICE 
      =250 HP Located at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6600 and 63.6640, you must comply with 
the following emission limitations for new and reconstructed lean burn 
and new and reconstructed compression ignition stationary RICE at 100 
percent load plus or minus 10 percent:

[[Page 46]]



------------------------------------------------------------------------
                                You must meet the
                               following emission     During periods of
       For each . . .          limitation, except   startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. 2SLB stationary RICE.....  a. Reduce CO          Minimize the
                               emissions by 58       engine's time spent
                               percent or more; or   at idle and
                              b. Limit               minimize the
                               concentration of      engine's startup
                               formaldehyde in the   time at startup to
                               stationary RICE       a period needed for
                               exhaust to 12 ppmvd   appropriate and
                               or less at 15         safe loading of the
                               percent O2. If you    engine, not to
                               commenced             exceed 30 minutes,
                               construction or       after which time
                               reconstruction        the non-startup
                               between December      emission
                               19, 2002 and June     limitations
                               15, 2004, you may     apply.\1\
                               limit concentration
                               of formaldehyde to
                               17 ppmvd or less at
                               15 percent O2 until
                               June 15, 2007.
2. 4SLB stationary RICE.....  a. Reduce CO
                               emissions by 93
                               percent or more; or
                              b. Limit
                               concentration of
                               formaldehyde in the
                               stationary RICE
                               exhaust to 14 ppmvd
                               or less at 15
                               percent O2.
3. CI stationary RICE.......  a. Reduce CO
                               emissions by 70
                               percent or more; or
                              b. Limit
                               concentration of
                               formaldehyde in the
                               stationary RICE
                               exhaust to 580
                               ppbvd or less at 15
                               percent O2.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.6(g) for alternative work practices.


[75 FR 9680, Mar. 3, 2010]



Sec. Table 2b to Subpart ZZZZ of Part 63--Operating Limitations for New 
and Reconstructed 2SLB and CI Stationary RICE 500 HP Located 
     at a Major Source of HAP Emissions, New and Reconstructed 4SLB 
  Stationary RICE =250 HP Located at a Major Source of HAP 
        Emissions, Existing CI Stationary RICE 500 HP

    As stated in Sec. Sec.  63.6600, 63.6601, 63.6603, 63.6630, and 
63.6640, you must comply with the following operating limitations for 
new and reconstructed 2SLB and CI stationary RICE 500 HP 
located at a major source of HAP emissions; new and reconstructed 4SLB 
stationary RICE =250 HP located at a major source of HAP 
emissions; and existing CI stationary RICE 500 HP:

------------------------------------------------------------------------
                                           You must meet the following
             For each . . .                operating limitation, except
                                         during periods of startup . . .
------------------------------------------------------------------------
1. New and reconstructed 2SLB and CI     a. maintain your catalyst so
 stationary RICE 500 HP        that the pressure drop across
 located at a major source of HAP         the catalyst does not change
 emissions and new and reconstructed      by more than 2 inches of water
 4SLB stationary RICE =250     at 100 percent load plus or
 HP located at a major source of HAP      minus 10 percent from the
 emissions complying with the             pressure drop across the
 requirement to reduce CO emissions and   catalyst that was measured
 using an oxidation catalyst; and         during the initial performance
New and reconstructed 2SLB and CI         test; and
 stationary RICE 500 HP       b. maintain the temperature of
 located at a major source of HAP         your stationary RICE exhaust
 emissions and new and reconstructed      so that the catalyst inlet
 4SLB stationary RICE =250     temperature is greater than or
 HP located at a major source of HAP      equal to 450 [deg]F and less
 emissions complying with the             than or equal to 1350
 requirement to limit the concentration   [deg]F.\1\
 of formaldehyde in the stationary RICE
 exhaust and using an oxidation
 catalyst..
2. Existing CI stationary RICE 500 HP complying with the             that the pressure drop across
 requirement to limit or reduce the       the catalyst does not change
 concentration of CO in the stationary    by more than 2 inches of water
 RICE exhaust and using an oxidation      from the pressure drop across
 catalyst.                                the catalyst that was measured
                                          during the initial performance
                                          test; and
                                         b. maintain the temperature of
                                          your stationary RICE exhaust
                                          so that the catalyst inlet
                                          temperature is greater than or
                                          equal to 450 [deg]F and less
                                          than or equal to 1350
                                          [deg]F.\1\
3. New and reconstructed 2SLB and CI     Comply with any operating
 stationary RICE 500 HP        limitations approved by the
 located at a major source of HAP         Administrator.
 emissions and new and reconstructed
 4SLB stationary RICE =250
 HP located at a major source of HAP
 emissions complying with the
 requirement to reduce CO emissions and
 not using an oxidation catalyst; and

[[Page 47]]

 
New and reconstructed 2SLB and CI
 stationary RICE 500 HP
 located at a major source of HAP
 emissions and new and reconstructed
 4SLB stationary RICE =250
 HP located at a major source of HAP
 emissions complying with the
 requirement to limit the concentration
 of formaldehyde in the stationary RICE
 exhaust and not using an oxidation
 catalyst; and
existing CI stationary RICE 500 HP complying with the
 requirement to limit or reduce the
 concentration of CO in the stationary
 RICE exhaust and not using an
 oxidation catalyst.
------------------------------------------------------------------------
\1\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.8(f) for a different temperature range.


[78 FR 6707, Jan. 30, 2013]



  Sec. Table 2c to Subpart ZZZZ of Part 63--Requirements for Existing 
 Compression Ignition Stationary RICE Located at a Major Source of HAP 
 Emissions and Existing Spark Ignition Stationary RICE <=500 HP Located 
                   at a Major Source of HAP Emissions

    As stated in Sec. Sec.  63.6600, 63.6602, and 63.6640, you must 
comply with the following requirements for existing compression ignition 
stationary RICE located at a major source of HAP emissions and existing 
spark ignition stationary RICE <=500 HP located at a major source of HAP 
emissions:

------------------------------------------------------------------------
                                You must meet the
                                    following         During periods of
       For each . . .          requirement, except  startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. Emergency stationary CI    a. Change oil and     Minimize the
 RICE and black start          filter every 500      engine's time spent
 stationary CI RICE \1\.       hours of operation    at idle and
                               or annually,          minimize the
                               whichever comes       engine's startup
                               first.\2\             time at startup to
                              b. Inspect air         a period needed for
                               cleaner every 1,000   appropriate and
                               hours of operation    safe loading of the
                               or annually,          engine, not to
                               whichever comes       exceed 30 minutes,
                               first, and replace    after which time
                               as necessary;.        the non-startup
                              c. Inspect all hoses   emission
                               and belts every 500   limitations
                               hours of operation    apply.\3\
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\.
2. Non-Emergency, non-black   a. Change oil and
 start stationary CI RICE      filter every 1,000
 <100 HP.                      hours of operation
                               or annually,
                               whichever comes
                               first.\2\
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary;.
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\.
3. Non-Emergency, non-black   Limit concentration
 start CI stationary RICE      of CO in the
 100<=HP<=300 HP.              stationary RICE
                               exhaust to 230
                               ppmvd or less at 15
                               percent O2.
4. Non-Emergency, non-black   a. Limit
 start CI stationary RICE      concentration of CO
 300500 HP.            in the stationary
                               RICE exhaust to 23
                               ppmvd or less at 15
                               percent O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more..
6. Emergency stationary SI    a. Change oil and
 RICE and black start          filter every 500
 stationary SI RICE.\1\        hours of operation
                               or annually,
                               whichever comes
                               first;\2\
                              b. Inspect spark
                               plugs every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary;.
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.\3\.

[[Page 48]]

 
7. Non-Emergency, non-black   a. Change oil and
 start stationary SI RICE      filter every 1,440
 <100 HP that are not 2SLB     hours of operation
 stationary RICE.              or annually,
                               whichever comes
                               first;\2\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary;.
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.\3\
8. Non-Emergency, non-black   a. Change oil and
 start 2SLB stationary SI      filter every 4,320
 RICE <100 HP.                 hours of operation
                               or annually,
                               whichever comes
                               first;\2\
                              b. Inspect spark
                               plugs every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary;.
                              c. Inspect all hoses
                               and belts every
                               4,320 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.\3\
9. Non-emergency, non-black   Limit concentration
 start 2SLB stationary RICE    of CO in the
 100<=HP<=500.                 stationary RICE
                               exhaust to 225
                               ppmvd or less at 15
                               percent O2.
10. Non-emergency, non-black  Limit concentration
 start 4SLB stationary RICE    of CO in the
 100<=HP<=500.                 stationary RICE
                               exhaust to 47 ppmvd
                               or less at 15
                               percent O2.
11. Non-emergency, non-black  Limit concentration
 start 4SRB stationary RICE    of formaldehyde in
 100<=HP<=500.                 the stationary RICE
                               exhaust to 10.3
                               ppmvd or less at 15
                               percent O2.
12. Non-emergency, non-black  Limit concentration
 start stationary RICE         of CO in the
 100<=HP<=500 which combusts   stationary RICE
 landfill or digester gas      exhaust to 177
 equivalent to 10 percent or   ppmvd or less at 15
 more of the gross heat        percent O2.
 input on an annual basis.
------------------------------------------------------------------------
\1\ If an emergency engine is operating during an emergency and it is
  not possible to shut down the engine in order to perform the work
  practice requirements on the schedule required in Table 2c of this
  subpart, or if performing the work practice on the required schedule
  would otherwise pose an unacceptable risk under federal, state, or
  local law, the work practice can be delayed until the emergency is
  over or the unacceptable risk under federal, state, or local law has
  abated. The work practice should be performed as soon as practicable
  after the emergency has ended or the unacceptable risk under federal,
  state, or local law has abated. Sources must report any failure to
  perform the work practice on the schedule required and the federal,
  state or local law under which the risk was deemed unacceptable.
\2\ Sources have the option to utilize an oil analysis program as
  described in Sec.   63.6625(i) or (j) in order to extend the specified
  oil change requirement in Table 2c of this subpart.
\3\ Sources can petition the Administrator pursuant to the requirements
  of 40 CFR 63.6(g) for alternative work practices.


[78 FR 6708, Jan. 30, 2013, as amended at 78 FR 14457, Mar. 6, 2013]



  Sec. Table 2d to Subpart ZZZZ of Part 63--Requirements for Existing 
        Stationary RICE Located at Area Sources of HAP Emissions

    As stated in Sec. Sec.  63.6603 and 63.6640, you must comply with 
the following requirements for existing stationary RICE located at area 
sources of HAP emissions:

------------------------------------------------------------------------
                                You must meet the
                                    following         During periods of
       For each . . .          requirement, except  startup you must . .
                                during periods of             .
                                  startup . . .
------------------------------------------------------------------------
1. Non-Emergency, non-black   a. Change oil and     Minimize the
 start CI stationary RICE      filter every 1,000    engine's time spent
 <=300 HP.                     hours of operation    at idle and
                               or annually,          minimize the
                               whichever comes       engine's startup
                               first;\1\             time at startup to
                              b. Inspect air         a period needed for
                               cleaner every 1,000   appropriate and
                               hours of operation    safe loading of the
                               or annually,          engine, not to
                               whichever comes       exceed 30 minutes,
                               first, and replace    after which time
                               as necessary;.        the non-startup
                              c. Inspect all hoses   emission
                               and belts every 500   limitations apply.
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary..
2. Non-Emergency, non-black   a. Limit
 start CI stationary RICE      concentration of CO
 300500 HP.            in the stationary
                               RICE exhaust to 23
                               ppmvd at 15 percent
                               O2; or
                              b. Reduce CO
                               emissions by 70
                               percent or more.
4. Emergency stationary CI    a. Change oil and
 RICE and black start          filter every 500
 stationary CI RICE.\2\        hours of operation
                               or annually,
                               whichever comes
                               first;\1\
                              b. Inspect air
                               cleaner every 1,000
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary.
5. Emergency stationary SI    a. Change oil and
 RICE; black start             filter every 500
 stationary SI RICE; non-      hours of operation
 emergency, non-black start    or annually,
 4SLB stationary RICE 500 HP that operate    first;\1\;
 24 hours or less per         b. Inspect spark
 calendar year; non-           plugs every 1,000
 emergency, non-black start    hours of operation
 4SRB stationary RICE 500 HP that operate    whichever comes
 24 hours or less per          first, and replace
 calendar year.\2\             as necessary; and.
                              c. Inspect all hoses
                               and belts every 500
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary..
6. Non-emergency, non-black   a. Change oil and
 start 2SLB stationary RICE.   filter every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 4,320
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every
                               4,320 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
7. Non-emergency, non-black   a. Change oil and
 start 4SLB stationary RICE    filter every 1,440
 <=500 HP.                     hours of operation
                               or annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
8. Non-emergency, non-black   a. Change oil and
 start 4SLB remote             filter every 2,160
 stationary RICE 500 HP.                    or annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 2,160
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every
                               2,160 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
9. Non-emergency, non-black   Install an oxidation
 start 4SLB stationary RICE    catalyst to reduce
 500 HP that are    HAP emissions from
 not remote stationary RICE    the stationary
 and that operate more than    RICE.
 24 hours per calendar year.
10. Non-emergency, non-black  a. Change oil and
 start 4SRB stationary RICE    filter every 1,440
 <=500 HP.                     hours of operation
                               or annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and

[[Page 50]]

 
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
11. Non-emergency, non-black  a. Change oil and
 start 4SRB remote             filter every 2,160
 stationary RICE 500 HP.                    or annually,
                               whichever comes
                               first;\1\
                              b. Inspect spark
                               plugs every 2,160
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and
                              c. Inspect all hoses
                               and belts every
                               2,160 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
12. Non-emergency, non-black  Install NSCR to
 start 4SRB stationary RICE    reduce HAP
 500 HP that are    emissions from the
 not remote stationary RICE    stationary RICE.
 and that operate more than
 24 hours per calendar year.
13. Non-emergency, non-black  a. Change oil and
 start stationary RICE which   filter every 1,440
 combusts landfill or          hours of operation
 digester gas equivalent to    or annually,
 10 percent or more of the     whichever comes
 gross heat input on an        first;\1\
 annual basis.                b. Inspect spark
                               plugs every 1,440
                               hours of operation
                               or annually,
                               whichever comes
                               first, and replace
                               as necessary; and.
                              c. Inspect all hoses
                               and belts every
                               1,440 hours of
                               operation or
                               annually, whichever
                               comes first, and
                               replace as
                               necessary.
------------------------------------------------------------------------
\1\ Sources have the option to utilize an oil analysis program as
  described in Sec.   63.6625(i) or (j) in order to extend the specified
  oil change requirement in Table 2d of this subpart.
\2\ If an emergency engine is operating during an emergency and it is
  not possible to shut down the engine in order to perform the
  management practice requirements on the schedule required in Table 2d
  of this subpart, or if performing the management practice on the
  required schedule would otherwise pose an unacceptable risk under
  federal, state, or local law, the management practice can be delayed
  until the emergency is over or the unacceptable risk under federal,
  state, or local law has abated. The management practice should be
  performed as soon as practicable after the emergency has ended or the
  unacceptable risk under federal, state, or local law has abated.
  Sources must report any failure to perform the management practice on
  the schedule required and the federal, state or local law under which
  the risk was deemed unacceptable.


[78 FR 6709, Jan. 30, 2013]



  Sec. Table 3 to Subpart ZZZZ of Part 63--Subsequent Performance Tests

    As stated in Sec. Sec.  63.6615 and 63.6620, you must comply with 
the following subsequent performance test requirements:

------------------------------------------------------------------------
                               Complying with the
       For each . . .         requirement to . . .     You must . . .
------------------------------------------------------------------------
1. New or reconstructed 2SLB  Reduce CO emissions   Conduct subsequent
 stationary RICE 500 HP located at major    CEMS.                 semiannually.\1\
 sources; new or
 reconstructed 4SLB
 stationary RICE =250 HP located at major
 sources; and new or
 reconstructed CI stationary
 RICE 500 HP
 located at major sources.
2. 4SRB stationary RICE =5,000 HP located at   emissions.            performance tests
 major sources.                                      semiannually.\1\
3. Stationary RICE 500 HP located at major    concentration of      performance tests
 sources and new or            formaldehyde in the   semiannually.\1\
 reconstructed 4SLB            stationary RICE
 stationary RICE               exhaust.
 250<=HP<=500 located at
 major sources.
4. Existing non-emergency,    Limit or reduce CO    Conduct subsequent
 non-black start CI            emissions and not     performance tests
 stationary RICE 500 HP that are not                              or 3 years,
 limited use stationary RICE.                        whichever comes
                                                     first.

[[Page 51]]

 
5. Existing non-emergency,    Limit or reduce CO    Conduct subsequent
 non-black start CI            emissions and not     performance tests
 stationary RICE 500 HP that are limited                          or 5 years,
 use stationary RICE.                                whichever comes
                                                     first.
------------------------------------------------------------------------
\1\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.


[78 FR 6711, Jan. 30, 2013]



 Sec. Table 4 to Subpart ZZZZ of Part 63--Requirements for Performance 
                                  Tests

    As stated in Sec. Sec.  63.6610, 63.6611, 63.6620, and 63.6640, you 
must comply with the following requirements for performance tests for 
stationary RICE:

----------------------------------------------------------------------------------------------------------------
                                   Complying with                                            According to the
         For each . . .           the requirement     You must . . .      Using . . .     following requirements
                                      to . . .                                                     . . .
----------------------------------------------------------------------------------------------------------------
1. 2SLB, 4SLB, and CI            a. reduce CO       i. Select the      .................  (a) For CO and O2
 stationary RICE.                 emissions.         sampling port                         measurement, ducts
                                                     location and the                      <=6 inches in
                                                     number/location                       diameter may be
                                                     of traverse                           sampled at a single
                                                     points at the                         point located at the
                                                     inlet and outlet                      duct centroid and
                                                     of the control                        ducts >6 and <=12
                                                     device; and                           inches in diameter
                                                                                           may be sampled at 3
                                                                                           traverse points
                                                                                           located at 16.7,
                                                                                           50.0, and 83.3% of
                                                                                           the measurement line
                                                                                           (`3-point long
                                                                                           line'). If the duct
                                                                                           is >12 inches in
                                                                                           diameter and the
                                                                                           sampling port
                                                                                           location meets the
                                                                                           two and half-diameter
                                                                                           criterion of Section
                                                                                           11.1.1 of Method 1 of
                                                                                           40 CFR part 60,
                                                                                           appendix A-1, the
                                                                                           duct may be sampled
                                                                                           at `3-point long
                                                                                           line'; otherwise,
                                                                                           conduct the
                                                                                           stratification
                                                                                           testing and select
                                                                                           sampling points
                                                                                           according to Section
                                                                                           8.1.2 of Method 7E of
                                                                                           40 CFR part 60,
                                                                                           appendix A-4.
                                                    ii. Measure the    (1) Method 3 or    (b) Measurements to
                                                     O2 at the inlet    3A or 3B of 40     determine O2 must be
                                                     and outlet of      CFR part 60,       made at the same time
                                                     the control        appendix A-2, or   as the measurements
                                                     device; and        ASTM Method        for CO concentration.
                                                                        D6522-00
                                                                        (Reapproved
                                                                        2005)\a c\
                                                                        (heated probe
                                                                        not necessary).
                                                    iii. Measure the   (1) ASTM D6522-00  (c) The CO
                                                     CO at the inlet    (Reapproved        concentration must be
                                                     and the outlet     2005)\a b c\       at 15 percent O2, dry
                                                     of the control     (heated probe      basis.
                                                     device.            not necessary)
                                                                        or Method 10 of
                                                                        40 CFR part 60,
                                                                        appendix A-4.
2. 4SRB stationary RICE........  a. reduce          i. Select the      .................  (a) For formaldehyde,
                                  formaldehyde       sampling port                         O2, and moisture
                                  emissions.         location and the                      measurement, ducts
                                                     number/location                       <=6 inches in
                                                     of traverse                           diameter may be
                                                     points at the                         sampled at a single
                                                     inlet and outlet                      point located at the
                                                     of the control                        duct centroid and
                                                     device; and                           ducts >6 and <=12
                                                                                           inches in diameter
                                                                                           may be sampled at 3
                                                                                           traverse points
                                                                                           located at 16.7,
                                                                                           50.0, and 83.3% of
                                                                                           the measurement line
                                                                                           (`3-point long
                                                                                           line'). If the duct
                                                                                           is >12 inches in
                                                                                           diameter and the
                                                                                           sampling port
                                                                                           location meets the
                                                                                           two and half-diameter
                                                                                           criterion of Section
                                                                                           11.1.1 of Method 1 of
                                                                                           40 CFR part 60,
                                                                                           appendix A, the duct
                                                                                           may be sampled at `3-
                                                                                           point long line';
                                                                                           otherwise, conduct
                                                                                           the stratification
                                                                                           testing and select
                                                                                           sampling points
                                                                                           according to Section
                                                                                           8.1.2 of Method 7E of
                                                                                           40 CFR part 60,
                                                                                           appendix A.

[[Page 52]]

 
                                                    ii. Measure O2 at  (1) Method 3 or    (a) Measurements to
                                                     the inlet and      3A or 3B of 40     determine O2
                                                     outlet of the      CFR part 60,       concentration must be
                                                     control device;    appendix A-2, or   made at the same time
                                                     and                ASTM Method        as the measurements
                                                                        D6522-00           for formaldehyde or
                                                                        (Reapproved        THC concentration.
                                                                        2005) \a\
                                                                        (heated probe
                                                                        not necessary).
                                                    iii. Measure       (1) Method 4 of    (a) Measurements to
                                                     moisture content   40 CFR part 60,    determine moisture
                                                     at the inlet and   appendix A-3, or   content must be made
                                                     outlet of the      Method 320 of 40   at the same time and
                                                     control device;    CFR part 63,       location as the
                                                     and                appendix A, or     measurements for
                                                                        ASTM D 6348-03     formaldehyde or THC
                                                                        \a\.               concentration.
                                                    iv. If             (1) Method 320 or  (a) Formaldehyde
                                                     demonstrating      323 of 40 CFR      concentration must be
                                                     compliance with    part 63,           at 15 percent O2, dry
                                                     the formaldehyde   appendix A; or     basis. Results of
                                                     percent            ASTM D6348-03      this test consist of
                                                     reduction          \a\, provided in   the average of the
                                                     requirement,       ASTM D6348-03      three 1-hour or
                                                     measure formalde-  Annex A5           longer runs.
                                                     hyde at the        (Analyte Spiking
                                                     inlet and the      Technique), the
                                                     outlet of the      percent R must
                                                     control device.    be greater than
                                                                        or equal to 70
                                                                        and less than or
                                                                        equal to 130.
                                                    v. If              (1) Method 25A,    (a) THC concentration
                                                     demonstrating      reported as        must be at 15 percent
                                                     compliance with    propane, of 40     O2, dry basis.
                                                     the THC percent    CFR part 60,       Results of this test
                                                     reduction          appendix A-7.      consist of the
                                                     requirement,                          average of the three
                                                     measure THC at                        1-hour or longer
                                                     the inlet and                         runs.
                                                     the outlet of
                                                     the control
                                                     device.
3. Stationary RICE.............  a. limit the       i. Select the      .................  (a) For formaldehyde,
                                  concentra-tion     sampling port                         CO, O2, and moisture
                                  of formalde-hyde   location and the                      measurement, ducts
                                  or CO in the       number/location                       <=6 inches in
                                  stationary RICE    of traverse                           diameter may be
                                  exhaust.           points at the                         sampled at a single
                                                     exhaust of the                        point located at the
                                                     stationary RICE;                      duct centroid and
                                                     and                                   ducts >6 and <=12
                                                                                           inches in diameter
                                                                                           may be sampled at 3
                                                                                           traverse points
                                                                                           located at 16.7,
                                                                                           50.0, and 83.3% of
                                                                                           the measurement line
                                                                                           (`3-point long
                                                                                           line'). If the duct
                                                                                           is >12 inches in
                                                                                           diameter and the
                                                                                           sampling port
                                                                                           location meets the
                                                                                           two and half-diameter
                                                                                           criterion of Section
                                                                                           11.1.1 of Method 1 of
                                                                                           40 CFR part 60,
                                                                                           appendix A, the duct
                                                                                           may be sampled at `3-
                                                                                           point long line';
                                                                                           otherwise, conduct
                                                                                           the stratification
                                                                                           testing and select
                                                                                           sampling points
                                                                                           according to Section
                                                                                           8.1.2 of Method 7E of
                                                                                           40 CFR part 60,
                                                                                           appendix A. If using
                                                                                           a control device, the
                                                                                           sampling site must be
                                                                                           located at the outlet
                                                                                           of the control
                                                                                           device.
                                                    ii. Determine the  (1) Method 3 or    (a) Measurements to
                                                     O2 concentration   3A or 3B of 40     determine O2
                                                     of the             CFR part 60,       concentration must be
                                                     stationary RICE    appendix A-2, or   made at the same time
                                                     exhaust at the     ASTM Method        and location as the
                                                     sampling port      D6522-00           measurements for
                                                     location; and      (Reapproved        formaldehyde or CO
                                                                        2005) \a\          concentration.
                                                                        (heated probe
                                                                        not necessary).

[[Page 53]]

 
                                                    iii. Measure       (1) Method 4 of    (a) Measurements to
                                                     moisture content   40 CFR part 60,    determine moisture
                                                     of the station-    appendix A-3, or   content must be made
                                                     ary RICE exhaust   Method 320 of 40   at the same time and
                                                     at the sampling    CFR part 63,       location as the
                                                     port location;     appendix A, or     measurements for
                                                     and                ASTM D 6348-03     formaldehyde or CO
                                                                        \a\.               concentration.
                                                    iv. Measure        (1) Method 320 or  (a) Formaldehyde
                                                     formalde-hyde at   323 of 40 CFR      concentration must be
                                                     the exhaust of     part 63,           at 15 percent O2, dry
                                                     the station-ary    appendix A; or     basis. Results of
                                                     RICE; or           ASTM D6348-03      this test consist of
                                                                        \a\, provided in   the average of the
                                                                        ASTM D6348-03      three 1-hour or
                                                                        Annex A5           longer runs.
                                                                        (Analyte Spiking
                                                                        Technique), the
                                                                        percent R must
                                                                        be greater than
                                                                        or equal to 70
                                                                        and less than or
                                                                        equal to 130.
                                                    v. measure CO at   (1) Method 10 of   (a) CO concentration
                                                     the exhaust of     40 CFR part 60,    must be at 15 percent
                                                     the station-ary    appendix A-4,      O2, dry basis.
                                                     RICE.              ASTM Method        Results of this test
                                                                        D6522-00 (2005)    consist of the
                                                                        \a c\, Method      average of the three
                                                                        320 of 40 CFR      1-hour or longer
                                                                        part 63,           runs.
                                                                        appendix A, or
                                                                        ASTM D6348-03
                                                                        \a\.
----------------------------------------------------------------------------------------------------------------
\a\ You may also use Methods 3A and 10 as options to ASTM-D6522-00 (2005). You may obtain a copy of ASTM-D6522-
  00 (2005) from at least one of the following addresses: American Society for Testing and Materials, 100 Barr
  Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms International, 300 North Zeeb Road,
  Ann Arbor, MI 48106.
\b\ You may obtain a copy of ASTM-D6348-03 from at least one of the following addresses: American Society for
  Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, or University Microfilms
  International, 300 North Zeeb Road, Ann Arbor, MI 48106.


[79 FR 11290, Feb. 27, 2014]



    Sec. Table 5 to Subpart ZZZZ of Part 63--Initial Compliance With 
   Emission Limitations, Operating Limitations, and Other Requirements

    As stated in Sec. Sec.  63.6612, 63.6625 and 63.6630, you must 
initially comply with the emission and operating limitations as required 
by the following:

------------------------------------------------------------------------
                                                          You have
       For each . . .          Complying with the   demonstrated initial
                              requirement to . . .   compliance if . . .
------------------------------------------------------------------------
1. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and using   reduction of
 RICE 500 HP        oxidation catalyst,   emissions of CO
 located at a major source     and using a CPMS.     determined from the
 of HAP, new or                                      initial performance
 reconstructed non-emergency                         test achieves the
 4SLB stationary RICE =250 HP located at a                         reduction; and
 major source of HAP, non-                          ii. You have
 emergency stationary CI                             installed a CPMS to
 RICE 500 HP                              continuously
 located at a major source                           monitor catalyst
 of HAP, and existing non-                           inlet temperature
 emergency stationary CI                             according to the
 RICE 500 HP                              requirements in
 located at an area source                           Sec.   63.6625(b);
 of HAP.                                             and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
2. Non-emergency stationary   a. Limit the          i. The average CO
 CI RICE 500 HP     concentration of      concentration
 located at a major source     CO, using oxidation   determined from the
 of HAP, and existing non-     catalyst, and using   initial performance
 emergency stationary CI       a CPMS.               test is less than
 RICE 500 HP                              or equal to the CO
 located at an area source                           emission
 of HAP.                                             limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and

[[Page 54]]

 
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
3. New or reconstructed non-  a. Reduce CO          i. The average
 emergency 2SLB stationary     emissions and not     reduction of
 RICE 500 HP        using oxidation       emissions of CO
 located at a major source     catalyst.             determined from the
 of HAP, new or                                      initial performance
 reconstructed non-emergency                         test achieves the
 4SLB stationary RICE =250 HP located at a                         reduction; and
 major source of HAP, non-                          ii. You have
 emergency stationary CI                             installed a CPMS to
 RICE 500 HP                              continuously
 located at a major source                           monitor operating
 of HAP, and existing non-                           parameters approved
 emergency stationary CI                             by the
 RICE 500 HP                              Administrator (if
 located at an area source                           any) according to
 of HAP.                                             the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
4. Non-emergency stationary   a. Limit the          i. The average CO
 CI RICE 500 HP     concentration of      concentration
 located at a major source     CO, and not using     determined from the
 of HAP, and existing non-     oxidation catalyst.   initial performance
 emergency stationary CI                             test is less than
 RICE 500 HP                              or equal to the CO
 located at an area source                           emission
 of HAP.                                             limitation; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
5. New or reconstructed non-  a. Reduce CO          i. You have
 emergency 2SLB stationary     emissions, and        installed a CEMS to
 RICE 500 HP        using a CEMS.         continuously
 located at a major source                           monitor CO and
 of HAP, new or                                      either O2 or CO2 at
 reconstructed non-emergency                         both the inlet and
 4SLB stationary RICE =250 HP located at a                         oxidation catalyst
 major source of HAP, non-                           according to the
 emergency stationary CI                             requirements in
 RICE 500 HP                              Sec.   63.6625(a);
 located at a major source                           and
 of HAP, and existing non-                          ii. You have
 emergency stationary CI                             conducted a
 RICE 500 HP                              performance
 located at an area source                           evaluation of your
 of HAP.                                             CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B; and
                                                    iii. The average
                                                     reduction of CO
                                                     calculated using
                                                     Sec.   63.6620
                                                     equals or exceeds
                                                     the required
                                                     percent reduction.
                                                     The initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average percent
                                                     reduction achieved
                                                     during the 4-hour
                                                     period.
6. Non-emergency stationary   a. Limit the          i. You have
 CI RICE 500 HP     concentration of      installed a CEMS to
 located at a major source     CO, and using a       continuously
 of HAP, and existing non-     CEMS.                 monitor CO and
 emergency stationary CI                             either O2 or CO2 at
 RICE 500 HP                              the outlet of the
 located at an area source                           oxidation catalyst
 of HAP.                                             according to the
                                                     requirements in
                                                     Sec.   63.6625(a);
                                                     and
                                                    ii. You have
                                                     conducted a
                                                     performance
                                                     evaluation of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B; and
                                                    iii. The average
                                                     concentration of CO
                                                     calculated using
                                                     Sec.   63.6620 is
                                                     less than or equal
                                                     to the CO emission
                                                     limitation. The
                                                     initial test
                                                     comprises the first
                                                     4-hour period after
                                                     successful
                                                     validation of the
                                                     CEMS. Compliance is
                                                     based on the
                                                     average
                                                     concentration
                                                     measured during the
                                                     4-hour period.
7. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE 500 HP located at a        emissions and using   emissions of
 major source of HAP.          NSCR.                 formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction,
                                                     or the average
                                                     reduction of
                                                     emissions of THC
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than 30
                                                     percent; and

[[Page 55]]

 
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
8. Non-emergency 4SRB         a. Reduce             i. The average
 stationary RICE 500 HP located at a        emissions and not     emissions of
 major source of HAP.          using NSCR.           formaldehyde
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than the
                                                     required
                                                     formaldehyde
                                                     percent reduction
                                                     or the average
                                                     reduction of
                                                     emissions of THC
                                                     determined from the
                                                     initial performance
                                                     test is equal to or
                                                     greater than 30
                                                     percent; and
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
9. New or reconstructed non-  a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 500 HP located     formaldehyde in the   concentration,
 at a major source of HAP,     stationary RICE       corrected to 15
 new or reconstructed non-     exhaust and using     percent O2, dry
 emergency 4SLB stationary     oxidation catalyst    basis, from the
 RICE 250<=HP<=500 located     or NSCR.              three test runs is
 at a major source of HAP,                           less than or equal
 and existing non-emergency                          to the formaldehyde
 4SRB stationary RICE 500 HP located at a                          limitation; and
 major source of HAP.                               ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     catalyst pressure
                                                     drop and catalyst
                                                     inlet temperature
                                                     during the initial
                                                     performance test.
10. New or reconstructed non- a. Limit the          i. The average
 emergency stationary RICE     concentration of      formaldehyde
 500 HP located     formaldehyde in the   concentration,
 at a major source of HAP,     stationary RICE       corrected to 15
 new or reconstructed non-     exhaust and not       percent O2, dry
 emergency 4SLB stationary     using oxidation       basis, from the
 RICE 250<=HP<=500 located     catalyst or NSCR.     three test runs is
 at a major source of HAP,                           less than or equal
 and existing non-emergency                          to the formaldehyde
 4SRB stationary RICE 500 HP located at a                          limitation; and
 major source of HAP.                               ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor operating
                                                     parameters approved
                                                     by the
                                                     Administrator (if
                                                     any) according to
                                                     the requirements in
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. You have
                                                     recorded the
                                                     approved operating
                                                     parameters (if any)
                                                     during the initial
                                                     performance test.
11. Existing non-emergency    a. Reduce CO          i. The average
 stationary RICE               emissions.            reduction of
 100<=HP<=500 located at a                           emissions of CO or
 major source of HAP, and                            formaldehyde, as
 existing non-emergency                              applicable
 stationary CI RICE                                  determined from the
 300500 HP located at an                         initial compliance
 area source of HAP that are                         demonstration as
 not remote stationary RICE                          specified in Sec.
 and that are operated more                          63.6630(e) to show
 than 24 hours per calendar                          that the average
 year.                                               reduction of
                                                     emissions of CO is
                                                     93 percent or more,
                                                     or the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 47 ppmvd at 15
                                                     percent O2;

[[Page 56]]

 
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b),
                                                     or you have
                                                     installed equipment
                                                     to automatically
                                                     shut down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1350 [deg]F.
14. Existing non-emergency    a. Install NSCR.....  i. You have
 4SRB stationary RICE 500 HP located at an                         initial compliance
 area source of HAP that are                         demonstration as
 not remote stationary RICE                          specified in Sec.
 and that are operated more                          63.6630(e) to show
 than 24 hours per calendar                          that the average
 year.                                               reduction of
                                                     emissions of CO is
                                                     75 percent or more,
                                                     the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 270 ppmvd at 15
                                                     percent O2, or the
                                                     average reduction
                                                     of emissions of THC
                                                     is 30 percent or
                                                     more;
                                                    ii. You have
                                                     installed a CPMS to
                                                     continuously
                                                     monitor catalyst
                                                     inlet temperature
                                                     according to the
                                                     requirements in
                                                     Sec.   63.6625(b),
                                                     or you have
                                                     installed equipment
                                                     to automatically
                                                     shut down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1250 [deg]F.
------------------------------------------------------------------------


[78 FR 6712, Jan. 30, 2013]



  Sec. Table 6 to Subpart ZZZZ of Part 63--Continuous Compliance With 
              Emission Limitations, and Other Requirements

    As stated in Sec.  63.6640, you must continuously comply with the 
emissions and operating limitations and work or management practices as 
required by the following:

------------------------------------------------------------------------
                                                    You must demonstrate
                               Complying with the        continuous
       For each . . .         requirement to . . .   compliance by . . .
 
------------------------------------------------------------------------
1. New or reconstructed non-  a. Reduce CO          i. Conducting
 emergency 2SLB stationary     emissions and using   semiannual
 RICE 500 HP        an oxidation          performance tests
 located at a major source     catalyst, and using   for CO to
 of HAP, new or                a CPMS.               demonstrate that
 reconstructed non-emergency                         the required CO
 4SLB stationary RICE =250 HP located at a                         is achieved \a\;
 major source of HAP, and                            and
 new or reconstructed non-                          ii. Collecting the
 emergency CI stationary                             catalyst inlet
 RICE 500 HP                              temperature data
 located at a major source                           according to Sec.
 of HAP.                                             63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
2. New or reconstructed non-  a. Reduce CO          i. Conducting
 emergency 2SLB stationary     emissions and not     semiannual
 RICE 500 HP        using an oxidation    performance tests
 located at a major source     catalyst, and using   for CO to
 of HAP, new or                a CPMS.               demonstrate that
 reconstructed non-emergency                         the required CO
 4SLB stationary RICE =250 HP located at a                         is achieved \a\;
 major source of HAP, and                            and
 new or reconstructed non-                          ii. Collecting the
 emergency CI stationary                             approved operating
 RICE 500 HP                              parameter (if any)
 located at a major source                           data according to
 of HAP.                                             Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.

[[Page 57]]

 
3. New or reconstructed non-  a. Reduce CO          i. Collecting the
 emergency 2SLB stationary     emissions or limit    monitoring data
 RICE 500 HP        the concentration     according to Sec.
 located at a major source     of CO in the          63.6625(a),
 of HAP, new or                stationary RICE       reducing the
 reconstructed non-emergency   exhaust, and using    measurements to 1-
 4SLB stationary RICE =250 HP located at a                         calculating the
 major source of HAP, new or                         percent reduction
 reconstructed non-emergency                         or concentration of
 stationary CI RICE 500 HP located at a                              according to Sec.
 major source of HAP, and                            63.6620; and
 existing non-emergency                             ii. Demonstrating
 stationary CI RICE 500 HP.                                          achieves the
                                                     required percent
                                                     reduction of CO
                                                     emissions over the
                                                     4-hour averaging
                                                     period, or that the
                                                     emission remain at
                                                     or below the CO
                                                     concentration
                                                     limit; and
                                                    iii. Conducting an
                                                     annual RATA of your
                                                     CEMS using PS 3 and
                                                     4A of 40 CFR part
                                                     60, appendix B, as
                                                     well as daily and
                                                     periodic data
                                                     quality checks in
                                                     accordance with 40
                                                     CFR part 60,
                                                     appendix F,
                                                     procedure 1.
4. Non-emergency 4SRB         a. Reduce             i. Collecting the
 stationary RICE 500 HP located at a        emissions and using   temperature data
 major source of HAP.          NSCR.                 according to Sec.
                                                     63.6625(b); and
                                                    ii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    iv. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
5. Non-emergency 4SRB         a. Reduce             i. Collecting the
 stationary RICE 500 HP located at a        emissions and not     parameter (if any)
 major source of HAP.          using NSCR.           data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    ii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iii. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
6. Non-emergency 4SRB         a. Reduce             Conducting
 stationary RICE with a        formaldehyde          semiannual
 brake HP =5,000    emissions.            performance tests
 located at a major source                           for formaldehyde to
 of HAP.                                             demonstrate that
                                                     the required
                                                     formaldehyde
                                                     percent reduction
                                                     is achieved, or to
                                                     demonstrate that
                                                     the average
                                                     reduction of
                                                     emissions of THC
                                                     determined from the
                                                     performance test is
                                                     equal to or greater
                                                     than 30 percent.\a\
7. New or reconstructed non-  a. Limit the          i. Conducting
 emergency stationary RICE     concentration of      semiannual
 500 HP located     formaldehyde in the   performance tests
 at a major source of HAP      stationary RICE       for formaldehyde to
 and new or reconstructed      exhaust and using     demonstrate that
 non-emergency 4SLB            oxidation catalyst    your emissions
 stationary RICE               or NSCR.              remain at or below
 250<=HP<=500 located at a                           the formaldehyde
 major source of HAP.                                concentration limit
                                                     \a\; and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.

[[Page 58]]

 
8. New or reconstructed non-  a. Limit the          i. Conducting
 emergency stationary RICE     concentration of      semiannual
 500 HP located     formaldehyde in the   performance tests
 at a major source of HAP      stationary RICE       for formaldehyde to
 and new or reconstructed      exhaust and not       demonstrate that
 non-emergency 4SLB            using oxidation       your emissions
 stationary RICE               catalyst or NSCR.     remain at or below
 250<=HP<=500 located at a                           the formaldehyde
 major source of HAP.                                concentration limit
                                                     \a\; and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
9. Existing emergency and     a. Work or            i. Operating and
 black start stationary RICE   Management            maintaining the
 <=500 HP located at a major   practices.            stationary RICE
 source of HAP, existing non-                        according to the
 emergency stationary RICE                           manufacturer's
 <100 HP located at a major                          emission-related
 source of HAP, existing                             operation and
 emergency and black start                           maintenance
 stationary RICE located at                          instructions; or
 an area source of HAP,                             ii. Develop and
 existing non-emergency                              follow your own
 stationary CI RICE <=300 HP                         maintenance plan
 located at an area source                           which must provide
 of HAP, existing non-                               to the extent
 emergency 2SLB stationary                           practicable for the
 RICE located at an area                             maintenance and
 source of HAP, existing non-                        operation of the
 emergency stationary SI                             engine in a manner
 RICE located at an area                             consistent with
 source of HAP which                                 good air pollution
 combusts landfill or                                control practice
 digester gas equivalent to                          for minimizing
 10 percent or more of the                           emissions.
 gross heat input on an
 annual basis, existing non-
 emergency 4SLB and 4SRB
 stationary RICE <=500 HP
 located at an area source
 of HAP, existing non-
 emergency 4SLB and 4SRB
 stationary RICE 500 HP located at an
 area source of HAP that
 operate 24 hours or less
 per calendar year, and
 existing non-emergency 4SLB
 and 4SRB stationary RICE
 500 HP located
 at an area source of HAP
 that are remote stationary
 RICE.
10. Existing stationary CI    a. Reduce CO          i. Conducting
 RICE 500 HP that   emissions, or limit   performance tests
 are not limited use           the concentration     every 8,760 hours
 stationary RICE.              of CO in the          or 3 years,
                               stationary RICE       whichever comes
                               exhaust, and using    first, for CO or
                               oxidation catalyst.   formaldehyde, as
                                                     appropriate, to
                                                     demonstrate that
                                                     the required CO or
                                                     formaldehyde, as
                                                     appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
11. Existing stationary CI    a. Reduce CO          i. Conducting
 RICE 500 HP that   emissions, or limit   performance tests
 are not limited use           the concentration     every 8,760 hours
 stationary RICE.              of CO in the          or 3 years,
                               stationary RICE       whichever comes
                               exhaust, and not      first, for CO or
                               using oxidation       formaldehyde, as
                               catalyst.             appropriate, to
                                                     demonstrate that
                                                     the required CO or
                                                     formaldehyde, as
                                                     appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and

[[Page 59]]

 
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
12. Existing limited use CI   a. Reduce CO          i. Conducting
 stationary RICE 500 HP.                    the concentration     every 8,760 hours
                               of CO in the          or 5 years,
                               stationary RICE       whichever comes
                               exhaust, and using    first, for CO or
                               an oxidation          formaldehyde, as
                               catalyst.             appropriate, to
                                                     demonstrate that
                                                     the required CO or
                                                     formaldehyde, as
                                                     appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b); and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     catalyst inlet
                                                     temperature; and
                                                    v. Measuring the
                                                     pressure drop
                                                     across the catalyst
                                                     once per month and
                                                     demonstrating that
                                                     the pressure drop
                                                     across the catalyst
                                                     is within the
                                                     operating
                                                     limitation
                                                     established during
                                                     the performance
                                                     test.
13. Existing limited use CI   a. Reduce CO          i. Conducting
 stationary RICE 500 HP.                    the concentration     every 8,760 hours
                               of CO in the          or 5 years,
                               stationary RICE       whichever comes
                               exhaust, and not      first, for CO or
                               using an oxidation    formaldehyde, as
                               catalyst.             appropriate, to
                                                     demonstrate that
                                                     the required CO or
                                                     formaldehyde, as
                                                     appropriate,
                                                     percent reduction
                                                     is achieved or that
                                                     your emissions
                                                     remain at or below
                                                     the CO or
                                                     formaldehyde
                                                     concentration
                                                     limit; and
                                                    ii. Collecting the
                                                     approved operating
                                                     parameter (if any)
                                                     data according to
                                                     Sec.   63.6625(b);
                                                     and
                                                    iii. Reducing these
                                                     data to 4-hour
                                                     rolling averages;
                                                     and
                                                    iv. Maintaining the
                                                     4-hour rolling
                                                     averages within the
                                                     operating
                                                     limitations for the
                                                     operating
                                                     parameters
                                                     established during
                                                     the performance
                                                     test.
14. Existing non-emergency    a. Install an         i. Conducting annual
 4SLB stationary RICE 500 HP located at an                         demonstrations as
 area source of HAP that are                         specified in Sec.
 not remote stationary RICE                          63.6640(c) to show
 and that are operated more                          that the average
 than 24 hours per calendar                          reduction of
 year.                                               emissions of CO is
                                                     93 percent or more,
                                                     or the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 47 ppmvd at 15
                                                     percent O2; and
                                                     either
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b),
                                                     reducing these data
                                                     to 4-hour rolling
                                                     averages; and
                                                     maintaining the 4-
                                                     hour rolling
                                                     averages within the
                                                     limitation of
                                                     greater than 450
                                                     [deg]F and less
                                                     than or equal to
                                                     1350 [deg]F for the
                                                     catalyst inlet
                                                     temperature; or
                                                    iii. Immediately
                                                     shutting down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1350 [deg]F.

[[Page 60]]

 
15. Existing non-emergency    a. Install NSCR.....  i. Conducting annual
 4SRB stationary RICE 500 HP located at an                         demonstrations as
 area source of HAP that are                         specified in Sec.
 not remote stationary RICE                          63.6640(c) to show
 and that are operated more                          that the average
 than 24 hours per calendar                          reduction of
 year.                                               emissions of CO is
                                                     75 percent or more,
                                                     the average CO
                                                     concentration is
                                                     less than or equal
                                                     to 270 ppmvd at 15
                                                     percent O2, or the
                                                     average reduction
                                                     of emissions of THC
                                                     is 30 percent or
                                                     more; and either
                                                    ii. Collecting the
                                                     catalyst inlet
                                                     temperature data
                                                     according to Sec.
                                                     63.6625(b),
                                                     reducing these data
                                                     to 4-hour rolling
                                                     averages; and
                                                     maintaining the 4-
                                                     hour rolling
                                                     averages within the
                                                     limitation of
                                                     greater than or
                                                     equal to 750 [deg]F
                                                     and less than or
                                                     equal to 1250
                                                     [deg]F for the
                                                     catalyst inlet
                                                     temperature; or
                                                    iii. Immediately
                                                     shutting down the
                                                     engine if the
                                                     catalyst inlet
                                                     temperature exceeds
                                                     1250 [deg]F.
------------------------------------------------------------------------
\a\ After you have demonstrated compliance for two consecutive tests,
  you may reduce the frequency of subsequent performance tests to
  annually. If the results of any subsequent annual performance test
  indicate the stationary RICE is not in compliance with the CO or
  formaldehyde emission limitation, or you deviate from any of your
  operating limitations, you must resume semiannual performance tests.


[78 FR 6715, Jan. 30, 2013]



    Sec. Table 7 to Subpart ZZZZ of Part 63--Requirements for Reports

    As stated in Sec.  63.6650, you must comply with the following 
requirements for reports:

----------------------------------------------------------------------------------------------------------------
                                       You must submit a . . .  The report must contain    You must submit the
            For each . . .                                               . . .                 report . . .
----------------------------------------------------------------------------------------------------------------
1. Existing non-emergency, non-black   Compliance report......  a. If there are no       i. Semiannually
 start stationary RICE 100<=HP<=500                              deviations from any      according to the
 located at a major source of HAP;                               emission limitations     requirements in Sec.
 existing non-emergency, non-black                               or operating             63.6650(b)(1)-(5) for
 start stationary CI RICE 500 HP located at a major source                             to you, a statement      limited use stationary
 of HAP; existing non-emergency 4SRB                             that there were no       RICE subject to
 stationary RICE 500 HP                               deviations from the      numerical emission
 located at a major source of HAP;                               emission limitations     limitations; and
 existing non-emergency, non-black                               or operating            ii. Annually according
 start stationary CI RICE 300 HP located at an area source                             reporting period. If     Sec.   63.6650(b)(6)-
 of HAP; new or reconstructed non-                               there were no periods    (9) for engines that
 emergency stationary RICE 500 HP located at a major source                             including CEMS and       stationary RICE
 of HAP; and new or reconstructed non-                           CPMS, was out-of-        subject to numerical
 emergency 4SLB stationary RICE                                  control, as specified    emission limitations.
 250<=HP<=500 located at a major                                 in Sec.   63.8(c)(7),
 source of HAP.                                                  a statement that there
                                                                 were not periods
                                                                 during which the CMS
                                                                 was out-of-control
                                                                 during the reporting
                                                                 period; or
                                                                b. If you had a          i. Semiannually
                                                                 deviation from any       according to the
                                                                 emission limitation or   requirements in Sec.
                                                                 operating limitation     63.6650(b).
                                                                 during the reporting
                                                                 period, the
                                                                 information in Sec.
                                                                 63.6650(d). If there
                                                                 were periods during
                                                                 which the CMS,
                                                                 including CEMS and
                                                                 CPMS, was out-of-
                                                                 control, as specified
                                                                 in Sec.   63.8(c)(7),
                                                                 the information in
                                                                 Sec.   63.6650(e); or
                                                                c. If you had a          i. Semiannually
                                                                 malfunction during the   according to the
                                                                 reporting period, the    requirements in Sec.
                                                                 information in Sec.      63.6650(b).
                                                                 63.6650(c)(4).

[[Page 61]]

 
2. New or reconstructed non-emergency  Report.................  a. The fuel flow rate    i. Annually, according
 stationary RICE that combusts                                   of each fuel and the     to the requirements in
 landfill gas or digester gas                                    heating values that      Sec.   63.6650.
 equivalent to 10 percent or more of                             were used in your
 the gross heat input on an annual                               calculations, and you
 basis.                                                          must demonstrate that
                                                                 the percentage of heat
                                                                 input provided by
                                                                 landfill gas or
                                                                 digester gas, is
                                                                 equivalent to 10
                                                                 percent or more of the
                                                                 gross heat input on an
                                                                 annual basis; and
                                                                b. The operating limits  i. See item 2.a.i.
                                                                 provided in your
                                                                 federally enforceable
                                                                 permit, and any
                                                                 deviations from these
                                                                 limits; and
                                                                c. Any problems or       i. See item 2.a.i.
                                                                 errors suspected with
                                                                 the meters.
3. Existing non-emergency, non-black   Compliance report......  a. The results of the    i. Semiannually
 start 4SLB and 4SRB stationary RICE                             annual compliance        according to the
 500 HP located at an area                            demonstration, if        requirements in Sec.
 source of HAP that are not remote                               conducted during the     63.6650(b)(1)-(5).
 stationary RICE and that operate                                reporting period.
 more than 24 hours per calendar year.
4. Emergency stationary RICE that      Report.................  a. The information in    i. annually according
 operate or are contractually                                    Sec.   63.6650(h)(1).    to the requirements in
 obligated to be available for more                                                       Sec.   63.6650(h)(2)-
 than 15 hours per year for the                                                           (3).
 purposes specified in Sec.
 63.6640(f)(2)(ii) and (iii) or that
 operate for the purposes specified
 in Sec.   63.6640(f)(4)(ii).
----------------------------------------------------------------------------------------------------------------


[78 FR 6719, Jan. 30, 2013]



   Sec. Table 8 to Subpart ZZZZ of Part 63--Applicability of General 
                       Provisions to Subpart ZZZZ.

    As stated in Sec.  63.6665, you must comply with the following 
applicable general provisions.

----------------------------------------------------------------------------------------------------------------
    General provisions citation         Subject of citation       Applies to subpart          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  General applicability of    Yes.
                                     the General Provisions.
Sec.   63.2.......................  Definitions...............  Yes..................  Additional terms defined
                                                                                        in Sec.   63.6675.
Sec.   63.3.......................  Units and abbreviations...  Yes.
Sec.   63.4.......................  Prohibited activities and   Yes.
                                     circumvention.
Sec.   63.5.......................  Construction and            Yes.
                                     reconstruction.
Sec.   63.6(a)....................  Applicability.............  Yes.
Sec.   63.6(b)(1)-(4).............  Compliance dates for new    Yes.
                                     and reconstructed sources.
Sec.   63.6(b)(5).................  Notification..............  Yes.
Sec.   63.6(b)(6).................  [Reserved]
Sec.   63.6(b)(7).................  Compliance dates for new    Yes.
                                     and reconstructed area
                                     sources that become major
                                     sources.
Sec.   63.6(c)(1)-(2).............  Compliance dates for        Yes.
                                     existing sources.
Sec.   63.6(c)(3)-(4).............  [Reserved]
Sec.   63.6(c)(5).................  Compliance dates for        Yes.
                                     existing area sources
                                     that become major sources.
Sec.   63.6(d)....................  [Reserved]
Sec.   63.6(e)....................  Operation and maintenance.  No.
Sec.   63.6(f)(1).................  Applicability of standards  No.
Sec.   63.6(f)(2).................  Methods for determining     Yes.
                                     compliance.
Sec.   63.6(f)(3).................  Finding of compliance.....  Yes.
Sec.   63.6(g)(1)-(3).............  Use of alternate standard.  Yes.

[[Page 62]]

 
Sec.   63.6(h)....................  Opacity and visible         No...................  Subpart ZZZZ does not
                                     emission standards.                                contain opacity or
                                                                                        visible emission
                                                                                        standards.
Sec.   63.6(i)....................  Compliance extension        Yes.
                                     procedures and criteria.
Sec.   63.6(j)....................  Presidential compliance     Yes.
                                     exemption.
Sec.   63.7(a)(1)-(2).............  Performance test dates....  Yes..................  Subpart ZZZZ contains
                                                                                        performance test dates
                                                                                        at Sec.  Sec.   63.6610,
                                                                                        63.6611, and 63.6612.
Sec.   63.7(a)(3).................  CAA section 114 authority.  Yes.
Sec.   63.7(b)(1).................  Notification of             Yes..................  Except that Sec.
                                     performance test.                                  63.7(b)(1) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.   63.7(b)(2).................  Notification of             Yes..................  Except that Sec.
                                     rescheduling.                                      63.7(b)(2) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.   63.7(c)....................  Quality assurance/test      Yes..................  Except that Sec.
                                     plan.                                              63.7(c) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.7(d)....................  Testing facilities........  Yes.
Sec.   63.7(e)(1).................  Conditions for conducting   No...................  Subpart ZZZZ specifies
                                     performance tests.                                 conditions for
                                                                                        conducting performance
                                                                                        tests at Sec.   63.6620.
Sec.   63.7(e)(2).................  Conduct of performance      Yes..................  Subpart ZZZZ specifies
                                     tests and reduction of                             test methods at Sec.
                                     data.                                              63.6620.
Sec.   63.7(e)(3).................  Test run duration.........  Yes.
Sec.   63.7(e)(4).................  Administrator may require   Yes.
                                     other testing under
                                     section 114 of the CAA.
Sec.   63.7(f)....................  Alternative test method     Yes.
                                     provisions.
Sec.   63.7(g)....................  Performance test data       Yes.
                                     analysis, recordkeeping,
                                     and reporting.
Sec.   63.7(h)....................  Waiver of tests...........  Yes.
Sec.   63.8(a)(1).................  Applicability of            Yes..................  Subpart ZZZZ contains
                                     monitoring requirements.                           specific requirements
                                                                                        for monitoring at Sec.
                                                                                        63.6625.
Sec.   63.8(a)(2).................  Performance specifications  Yes.
Sec.   63.8(a)(3).................  [Reserved]
Sec.   63.8(a)(4).................  Monitoring for control      No.
                                     devices.
Sec.   63.8(b)(1).................  Monitoring................  Yes.
Sec.   63.8(b)(2)-(3).............  Multiple effluents and      Yes.
                                     multiple monitoring
                                     systems.
Sec.   63.8(c)(1).................  Monitoring system           Yes.
                                     operation and maintenance.
Sec.   63.8(c)(1)(i)..............  Routine and predictable     No...................
                                     SSM.
Sec.   63.8(c)(1)(ii).............  SSM not in Startup          Yes.
                                     Shutdown Malfunction Plan.
Sec.   63.8(c)(1)(iii)............  Compliance with operation   No...................
                                     and maintenance
                                     requirements.
Sec.   63.8(c)(2)-(3).............  Monitoring system           Yes.
                                     installation.
Sec.   63.8(c)(4).................  Continuous monitoring       Yes..................  Except that subpart ZZZZ
                                     system (CMS) requirements.                         does not require
                                                                                        Continuous Opacity
                                                                                        Monitoring System
                                                                                        (COMS).
Sec.   63.8(c)(5).................  COMS minimum procedures...  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.   63.8(c)(6)-(8).............  CMS requirements..........  Yes..................  Except that subpart ZZZZ
                                                                                        does not require COMS.
Sec.   63.8(d)....................  CMS quality control.......  Yes.
Sec.   63.8(e)....................  CMS performance evaluation  Yes..................  Except for Sec.
                                                                                        63.8(e)(5)(ii), which
                                                                                        applies to COMS.
                                                                 Except that Sec.
                                                                 63.8(e) only applies
                                                                 as specified in Sec.
                                                                   63.6645.
Sec.   63.8(f)(1)-(5).............  Alternative monitoring      Yes..................  Except that Sec.
                                     method.                                            63.8(f)(4) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.   63.8(f)(6).................  Alternative to relative     Yes..................  Except that Sec.
                                     accuracy test.                                     63.8(f)(6) only applies
                                                                                        as specified in Sec.
                                                                                        63.6645.
Sec.   63.8(g)....................  Data reduction............  Yes..................  Except that provisions
                                                                                        for COMS are not
                                                                                        applicable. Averaging
                                                                                        periods for
                                                                                        demonstrating compliance
                                                                                        are specified at Sec.
                                                                                        Sec.   63.6635 and
                                                                                        63.6640.
Sec.   63.9(a)....................  Applicability and State     Yes.
                                     delegation of
                                     notification requirements.
Sec.   63.9(b)(1)-(5).............  Initial notifications.....  Yes..................  Except that Sec.
                                                                                        63.9(b)(3) is reserved.

[[Page 63]]

 
                                                                 Except that Sec.
                                                                 63.9(b) only applies
                                                                 as specified in Sec.
                                                                   63.6645.
Sec.   63.9(c)....................  Request for compliance      Yes..................  Except that Sec.
                                     extension.                                         63.9(c) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.9(d)....................  Notification of special     Yes..................  Except that Sec.
                                     compliance requirements                            63.9(d) only applies as
                                     for new sources.                                   specified in Sec.
                                                                                        63.6645.
Sec.   63.9(e)....................  Notification of             Yes..................  Except that Sec.
                                     performance test.                                  63.9(e) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.9(f)....................  Notification of visible     No...................  Subpart ZZZZ does not
                                     emission (VE)/opacity                              contain opacity or VE
                                     test.                                              standards.
Sec.   63.9(g)(1).................  Notification of             Yes..................  Except that Sec.
                                     performance evaluation.                            63.9(g) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.9(g)(2).................  Notification of use of      No...................  Subpart ZZZZ does not
                                     COMS data.                                         contain opacity or VE
                                                                                        standards.
Sec.   63.9(g)(3).................  Notification that           Yes..................  If alternative is in use.
                                     criterion for alternative
                                     to RATA is exceeded.
                                                                 Except that Sec.
                                                                 63.9(g) only applies
                                                                 as specified in Sec.
                                                                   63.6645.
Sec.   63.9(h)(1)-(6).............  Notification of compliance  Yes..................  Except that notifications
                                     status.                                            for sources using a CEMS
                                                                                        are due 30 days after
                                                                                        completion of
                                                                                        performance evaluations.
                                                                                        Sec.   63.9(h)(4) is
                                                                                        reserved.
                                                                                       Except that Sec.
                                                                                        63.9(h) only applies as
                                                                                        specified in Sec.
                                                                                        63.6645.
Sec.   63.9(i)....................  Adjustment of submittal     Yes.
                                     deadlines.
Sec.   63.9(j)....................  Change in previous          Yes.
                                     information.
Sec.   63.9(k)....................  Electronic reporting        Yes..................  Only as specified in Sec.
                                     procedures.                                          63.9(j).
Sec.   63.10(a)...................  Administrative provisions   Yes.
                                     for recordkeeping/
                                     reporting.
Sec.   63.10(b)(1)................  Record retention..........  Yes..................  Except that the most
                                                                                        recent 2 years of data
                                                                                        do not have to be
                                                                                        retained on site.
Sec.   63.10(b)(2)(i)-(v).........  Records related to SSM....  No.
Sec.   63.10(b)(2)(vi)-(xi).......  Records...................  Yes.
Sec.   63.10(b)(2)(xii)...........  Record when under waiver..  Yes.
Sec.   63.10(b)(2)(xiii)..........  Records when using          Yes..................  For CO standard if using
                                     alternative to RATA.                               RATA alternative.
Sec.   63.10(b)(2)(xiv)...........  Records of supporting       Yes.
                                     documentation.
Sec.   63.10(b)(3)................  Records of applicability    Yes.
                                     determination.
Sec.   63.10(c)...................  Additional records for      Yes..................  Except that Sec.
                                     sources using CEMS.                                63.10(c)(2)-(4) and (9)
                                                                                        are reserved.
Sec.   63.10(d)(1)................  General reporting           Yes.
                                     requirements.
Sec.   63.10(d)(2)................  Report of performance test  Yes.
                                     results.
Sec.   63.10(d)(3)................  Reporting opacity or VE     No...................  Subpart ZZZZ does not
                                     observations.                                      contain opacity or VE
                                                                                        standards.
Sec.   63.10(d)(4)................  Progress reports..........  Yes.
Sec.   63.10(d)(5)................  Startup, shutdown, and      No.
                                     malfunction reports.
Sec.   63.10(e)(1) and (2)(i).....  Additional CMS Reports....  Yes.
Sec.   63.10(e)(2)(ii)............  COMS-related report.......  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.   63.10(e)(3)................  Excess emission and         Yes..................  Except that Sec.
                                     parameter exceedances                              63.10(e)(3)(i) (C) is
                                     reports.                                           reserved.
Sec.   63.10(e)(4)................  Reporting COMS data.......  No...................  Subpart ZZZZ does not
                                                                                        require COMS.
Sec.   63.10(f)...................  Waiver for recordkeeping/   Yes.
                                     reporting.
Sec.   63.11......................  Flares....................  No.
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.
----------------------------------------------------------------------------------------------------------------


[75 FR 9688, Mar. 3, 2010, as amended at 78 FR 6720, Jan. 30, 2013; 85 
FR 73912, Nov. 19, 2020]

[[Page 64]]



   Sec. Appendix A to Subpart ZZZZ of Part 63--Protocol for Using an 
    Electrochemical Analyzer to Determine Oxygen and Carbon Monoxide 
                   Concentrations From Certain Engines

            1.0 Scope and Application. What is this Protocol?

    This protocol is a procedure for using portable electrochemical (EC) 
cells for measuring carbon monoxide (CO) and oxygen (O2) 
concentrations in controlled and uncontrolled emissions from existing 
stationary 4-stroke lean burn and 4-stroke rich burn reciprocating 
internal combustion engines as specified in the applicable rule.

            1.1 Analytes. What does this protocol determine?

    This protocol measures the engine exhaust gas concentrations of 
carbon monoxide (CO) and oxygen (O2).

------------------------------------------------------------------------
            Analyte                  CAS No.           Sensitivity
------------------------------------------------------------------------
Carbon monoxide (CO)...........        630-08-0  Minimum detectable
                                                  limit should be 2
                                                  percent of the nominal
                                                  range or 1 ppm,
                                                  whichever is less
                                                  restrictive.
Oxygen (O2)....................       7782-44-7
------------------------------------------------------------------------

          1.2 Applicability. When is this protocol acceptable?

    This protocol is applicable to 40 CFR part 63, subpart ZZZZ. Because 
of inherent cross sensitivities of EC cells, you must not apply this 
protocol to other emissions sources without specific instruction to that 
effect.

    1.3 Data Quality Objectives. How good must my collected data be?

    Refer to Section 13 to verify and document acceptable analyzer 
performance.

   1.4 Range. What is the targeted analytical range for this protocol?

    The measurement system and EC cell design(s) conforming to this 
protocol will determine the analytical range for each gas component. The 
nominal ranges are defined by choosing up-scale calibration gas 
concentrations near the maximum anticipated flue gas concentrations for 
CO and O2, or no more than twice the permitted CO level.

1.5 Sensitivity. What minimum detectable limit will this protocol yield 
                     for a particular gas component?

    The minimum detectable limit depends on the nominal range and 
resolution of the specific EC cell used, and the signal to noise ratio 
of the measurement system. The minimum detectable limit should be 2 
percent of the nominal range or 1 ppm, whichever is less restrictive.

                         2.0 Summary of Protocol

    In this protocol, a gas sample is extracted from an engine exhaust 
system and then conveyed to a portable EC analyzer for measurement of CO 
and O2 gas concentrations. This method provides measurement 
system performance specifications and sampling protocols to ensure 
reliable data. You may use additions to, or modifications of vendor 
supplied measurement systems (e.g., heated or unheated sample lines, 
thermocouples, flow meters, selective gas scrubbers, etc.) to meet the 
design specifications of this protocol. Do not make changes to the 
measurement system from the as-verified configuration (Section 3.12).

                             3.0 Definitions

    3.1 Measurement System. The total equipment required for the 
measurement of CO and O2 concentrations. The measurement 
system consists of the following major subsystems:
    3.1.1 Data Recorder. A strip chart recorder, computer or digital 
recorder for logging measurement data from the analyzer output. You may 
record measurement data from the digital data display manually or 
electronically.
    3.1.2 Electrochemical (EC) Cell. A device, similar to a fuel cell, 
used to sense the presence of a specific analyte and generate an 
electrical current output proportional to the analyte concentration.
    3.1.3 Interference Gas Scrubber. A device used to remove or 
neutralize chemical compounds that may interfere with the selective 
operation of an EC cell.
    3.1.4 Moisture Removal System. Any device used to reduce the 
concentration of moisture in the sample stream so as to protect the EC 
cells from the damaging effects of condensation and to minimize errors 
in measurements caused by the scrubbing of soluble gases.
    3.1.5 Sample Interface. The portion of the system used for one or 
more of the following: sample acquisition; sample transport; sample 
conditioning or protection of the EC cell from any degrading effects of 
the engine exhaust effluent; removal of particulate matter and condensed 
moisture.
    3.2 Nominal Range. The range of analyte concentrations over which 
each EC cell is operated (normally 25 percent to 150 percent of up-scale 
calibration gas value). Several

[[Page 65]]

nominal ranges can be used for any given cell so long as the calibration 
and repeatability checks for that range remain within specifications.
    3.3 Calibration Gas. A vendor certified concentration of a specific 
analyte in an appropriate balance gas.
    3.4 Zero Calibration Error. The analyte concentration output 
exhibited by the EC cell in response to zero-level calibration gas.
    3.5 Up-Scale Calibration Error. The mean of the difference between 
the analyte concentration exhibited by the EC cell and the certified 
concentration of the up-scale calibration gas.
    3.6 Interference Check. A procedure for quantifying analytical 
interference from components in the engine exhaust gas other than the 
targeted analytes.
    3.7 Repeatability Check. A protocol for demonstrating that an EC 
cell operated over a given nominal analyte concentration range provides 
a stable and consistent response and is not significantly affected by 
repeated exposure to that gas.
    3.8 Sample Flow Rate. The flow rate of the gas sample as it passes 
through the EC cell. In some situations, EC cells can experience drift 
with changes in flow rate. The flow rate must be monitored and 
documented during all phases of a sampling run.
    3.9 Sampling Run. A timed three-phase event whereby an EC cell's 
response rises and plateaus in a sample conditioning phase, remains 
relatively constant during a measurement data phase, then declines 
during a refresh phase. The sample conditioning phase exposes the EC 
cell to the gas sample for a length of time sufficient to reach a 
constant response. The measurement data phase is the time interval 
during which gas sample measurements can be made that meet the 
acceptance criteria of this protocol. The refresh phase then purges the 
EC cells with CO-free air. The refresh phase replenishes requisite 
O2 and moisture in the electrolyte reserve and provides a 
mechanism to de-gas or desorb any interference gas scrubbers or filters 
so as to enable a stable CO EC cell response. There are four primary 
types of sampling runs: pre- sampling calibrations; stack gas sampling; 
post-sampling calibration checks; and measurement system repeatability 
checks. Stack gas sampling runs can be chained together for extended 
evaluations, providing all other procedural specifications are met.
    3.10 Sampling Day. A time not to exceed twelve hours from the time 
of the pre-sampling calibration to the post-sampling calibration check. 
During this time, stack gas sampling runs can be repeated without 
repeated recalibrations, providing all other sampling specifications 
have been met.
    3.11 Pre-Sampling Calibration/Post-Sampling Calibration Check. The 
protocols executed at the beginning and end of each sampling day to 
bracket measurement readings with controlled performance checks.
    3.12 Performance-Established Configuration. The EC cell and sampling 
system configuration that existed at the time that it initially met the 
performance requirements of this protocol.

                           4.0 Interferences.

    When present in sufficient concentrations, NO and NO2 are 
two gas species that have been reported to interfere with CO 
concentration measurements. In the likelihood of this occurrence, it is 
the protocol user's responsibility to employ and properly maintain an 
appropriate CO EC cell filter or scrubber for removal of these gases, as 
described in Section 6.2.12.

                         5.0 Safety. [Reserved]

                       6.0 Equipment and Supplies.

        6.1 What equipment do I need for the measurement system?

    The system must maintain the gas sample at conditions that will 
prevent moisture condensation in the sample transport lines, both before 
and as the sample gas contacts the EC cells. The essential components of 
the measurement system are described below.

                   6.2 Measurement System Components.

    6.2.1 Sample Probe. A single extraction-point probe constructed of 
glass, stainless steel or other non-reactive material, and of length 
sufficient to reach any designated sampling point. The sample probe must 
be designed to prevent plugging due to condensation or particulate 
matter.
    6.2.2 Sample Line. Non-reactive tubing to transport the effluent 
from the sample probe to the EC cell.
    6.2.3 Calibration Assembly (optional). A three-way valve assembly or 
equivalent to introduce calibration gases at ambient pressure at the 
exit end of the sample probe during calibration checks. The assembly 
must be designed such that only stack gas or calibration gas flows in 
the sample line and all gases flow through any gas path filters.
    6.2.4 Particulate Filter (optional). Filters before the inlet of the 
EC cell to prevent accumulation of particulate material in the 
measurement system and extend the useful life of the components. All 
filters must be fabricated of materials that are non-reactive to the gas 
mixtures being sampled.
    6.2.5 Sample Pump. A leak-free pump to provide undiluted sample gas 
to the system at a flow rate sufficient to minimize the response time of 
the measurement system. If located upstream of the EC cells, the pump 
must be constructed of a material that is non-reactive to the gas 
mixtures being sampled.
    6.2.8 Sample Flow Rate Monitoring. An adjustable rotameter or 
equivalent device used

[[Page 66]]

to adjust and maintain the sample flow rate through the analyzer as 
prescribed.
    6.2.9 Sample Gas Manifold (optional). A manifold to divert a portion 
of the sample gas stream to the analyzer and the remainder to a by-pass 
discharge vent. The sample gas manifold may also include provisions for 
introducing calibration gases directly to the analyzer. The manifold 
must be constructed of a material that is non-reactive to the gas 
mixtures being sampled.
    6.2.10 EC cell. A device containing one or more EC cells to 
determine the CO and O2 concentrations in the sample gas 
stream. The EC cell(s) must meet the applicable performance 
specifications of Section 13 of this protocol.
    6.2.11 Data Recorder. A strip chart recorder, computer or digital 
recorder to make a record of analyzer output data. The data recorder 
resolution (i.e., readability) must be no greater than 1 ppm for CO; 0.1 
percent for O2; and one degree (either [deg]C or [deg]F) for 
temperature. Alternatively, you may use a digital or analog meter having 
the same resolution to observe and manually record the analyzer 
responses.
    6.2.12 Interference Gas Filter or Scrubber. A device to remove 
interfering compounds upstream of the CO EC cell. Specific interference 
gas filters or scrubbers used in the performance-established 
configuration of the analyzer must continue to be used. Such a filter or 
scrubber must have a means to determine when the removal agent is 
exhausted. Periodically replace or replenish it in accordance with the 
manufacturer's recommendations.

     7.0 Reagents and Standards. What calibration gases are needed?

    7.1 Calibration Gases. CO calibration gases for the EC cell must be 
CO in nitrogen or CO in a mixture of nitrogen and O2. Use CO 
calibration gases with labeled concentration values certified by the 
manufacturer to be within 5 percent of the label 
value. Dry ambient air (20.9 percent O2) is acceptable for 
calibration of the O2 cell. If needed, any lower percentage 
O2 calibration gas must be a mixture of O2 in 
nitrogen.
    7.1.1 Up-Scale CO Calibration Gas Concentration. Choose one or more 
up-scale gas concentrations such that the average of the stack gas 
measurements for each stack gas sampling run are between 25 and 150 
percent of those concentrations. Alternatively, choose an up-scale gas 
that does not exceed twice the concentration of the applicable outlet 
standard. If a measured gas value exceeds 150 percent of the up-scale CO 
calibration gas value at any time during the stack gas sampling run, the 
run must be discarded and repeated.
    7.1.2 Up-Scale O2 Calibration Gas Concentration.
    Select an O2 gas concentration such that the difference 
between the gas concentration and the average stack gas measurement or 
reading for each sample run is less than 15 percent O2. When 
the average exhaust gas O2 readings are above 6 percent, you 
may use dry ambient air (20.9 percent O2) for the up-scale 
O2 calibration gas.
    7.1.3 Zero Gas. Use an inert gas that contains less than 0.25 
percent of the up-scale CO calibration gas concentration. You may use 
dry air that is free from ambient CO and other combustion gas products 
(e.g., CO2).

                   8.0 Sample Collection and Analysis

    8.1 Selection of Sampling Sites.
    8.1.1 Control Device Inlet. Select a sampling site sufficiently 
downstream of the engine so that the combustion gases should be well 
mixed. Use a single sampling extraction point near the center of the 
duct (e.g., within the 10 percent centroidal area), unless instructed 
otherwise.
    8.1.2 Exhaust Gas Outlet. Select a sampling site located at least 
two stack diameters downstream of any disturbance (e.g., turbocharger 
exhaust, crossover junction or recirculation take-off) and at least one-
half stack diameter upstream of the gas discharge to the atmosphere. Use 
a single sampling extraction point near the center of the duct (e.g., 
within the 10 percent centroidal area), unless instructed otherwise.
    8.2 Stack Gas Collection and Analysis. Prior to the first stack gas 
sampling run, conduct that the pre-sampling calibration in accordance 
with Section 10.1. Use Figure 1 to record all data. Zero the analyzer 
with zero gas. Confirm and record that the scrubber media color is 
correct and not exhausted. Then position the probe at the sampling point 
and begin the sampling run at the same flow rate used during the up-
scale calibration. Record the start time. Record all EC cell output 
responses and the flow rate during the ``sample conditioning phase'' 
once per minute until constant readings are obtained. Then begin the 
``measurement data phase'' and record readings every 15 seconds for at 
least two minutes (or eight readings), or as otherwise required to 
achieve two continuous minutes of data that meet the specification given 
in Section 13.1. Finally, perform the ``refresh phase'' by introducing 
dry air, free from CO and other combustion gases, until several minute-
to-minute readings of consistent value have been obtained. For each run 
use the ``measurement data phase'' readings to calculate the average 
stack gas CO and O2 concentrations.
    8.3 EC Cell Rate. Maintain the EC cell sample flow rate so that it 
does not vary by more than 10 percent throughout 
the pre-sampling calibration, stack gas sampling and post-sampling 
calibration check. Alternatively, the EC cell sample flow rate can be 
maintained within a tolerance range that

[[Page 67]]

does not affect the gas concentration readings by more than 3 percent, as instructed by the EC cell manufacturer.

                     9.0 Quality Control (Reserved)

                  10.0 Calibration and Standardization

    10.1 Pre-Sampling Calibration. Conduct the following protocol once 
for each nominal range to be used on each EC cell before performing a 
stack gas sampling run on each field sampling day. Repeat the 
calibration if you replace an EC cell before completing all of the 
sampling runs. There is no prescribed order for calibration of the EC 
cells; however, each cell must complete the measurement data phase 
during calibration. Assemble the measurement system by following the 
manufacturer's recommended protocols including for preparing and 
preconditioning the EC cell. Assure the measurement system has no leaks 
and verify the gas scrubbing agent is not depleted. Use Figure 1 to 
record all data.
    10.1.1 Zero Calibration. For both the O2 and CO cells, 
introduce zero gas to the measurement system (e.g., at the calibration 
assembly) and record the concentration reading every minute until 
readings are constant for at least two consecutive minutes. Include the 
time and sample flow rate. Repeat the steps in this section at least 
once to verify the zero calibration for each component gas.
    10.1.2 Zero Calibration Tolerance. For each zero gas introduction, 
the zero level output must be less than or equal to 3 percent of the up-scale gas value or 1 ppm, whichever is less restrictive, for the CO channel 
and less than or equal to 0.3 percent 
O2 for the O2 channel.
    10.1.3 Up-Scale Calibration. Individually introduce each calibration 
gas to the measurement system (e.g., at the calibration assembly) and 
record the start time. Record all EC cell output responses and the flow 
rate during this ``sample conditioning phase'' once per minute until 
readings are constant for at least two minutes. Then begin the 
``measurement data phase'' and record readings every 15 seconds for a 
total of two minutes, or as otherwise required. Finally, perform the 
``refresh phase'' by introducing dry air, free from CO and other 
combustion gases, until readings are constant for at least two 
consecutive minutes. Then repeat the steps in this section at least once 
to verify the calibration for each component gas. Introduce all gases to 
flow through the entire sample handling system (i.e., at the exit end of 
the sampling probe or the calibration assembly).
    10.1.4 Up-Scale Calibration Error. The mean of the difference of the 
``measurement data phase'' readings from the reported standard gas value 
must be less than or equal to 5 percent or 1 ppm for CO or 0.5 percent 
O2, whichever is less restrictive, respectively. The maximum 
allowable deviation from the mean measured value of any single 
``measurement data phase'' reading must be less than or equal to 2 percent or 1 ppm for CO or 
0.5 percent O2, whichever is less 
restrictive, respectively.
    10.2 Post-Sampling Calibration Check. Conduct a stack gas post-
sampling calibration check after the stack gas sampling run or set of 
runs and within 12 hours of the initial calibration. Conduct up-scale 
and zero calibration checks using the protocol in Section 10.1. Make no 
changes to the sampling system or EC cell calibration until all post-
sampling calibration checks have been recorded. If either the zero or 
up-scale calibration error exceeds the respective specification in 
Sections 10.1.2 and 10.1.4 then all measurement data collected since the 
previous successful calibrations are invalid and re-calibration and re-
sampling are required. If the sampling system is disassembled or the EC 
cell calibration is adjusted, repeat the calibration check before 
conducting the next analyzer sampling run.

                        11.0 Analytical Procedure

    The analytical procedure is fully discussed in Section 8.

                   12.0 Calculations and Data Analysis

    Determine the CO and O2 concentrations for each stack gas 
sampling run by calculating the mean gas concentrations of the data 
recorded during the ``measurement data phase''.

                        13.0 Protocol Performance

    Use the following protocols to verify consistent analyzer 
performance during each field sampling day.
    13.1 Measurement Data Phase Performance Check. Calculate the mean of 
the readings from the ``measurement data phase''. The maximum allowable 
deviation from the mean for each of the individual readings is 2 percent, or 1 ppm, whichever is 
less restrictive. Record the mean value and maximum deviation for each 
gas monitored. Data must conform to Section 10.1.4. The EC cell flow 
rate must conform to the specification in Section 8.3.

    Example: A measurement data phase is invalid if the maximum 
deviation of any single reading comprising that mean is greater than 
2 percent or 1 ppm (the 
default criteria). For example, if the mean = 30 ppm, single readings of 
below 29 ppm and above 31 ppm are disallowed).

    13.2 Interference Check. Before the initial use of the EC cell and 
interference gas scrubber in the field, and semi-annually thereafter, 
challenge the interference gas scrubber with NO and NO2 gas 
standards that are

[[Page 68]]

generally recognized as representative of diesel-fueled engine NO and 
NO2 emission values. Record the responses displayed by the CO 
EC cell and other pertinent data on Figure 1 or a similar form.
    13.2.1 Interference Response. The combined NO and NO2 
interference response should be less than or equal to 5 percent of the up-scale CO calibration gas 
concentration.
    13.3 Repeatability Check. Conduct the following check once for each 
nominal range that is to be used on the CO EC cell within 5 days prior 
to each field sampling program. If a field sampling program lasts longer 
than 5 days, repeat this check every 5 days. Immediately repeat the 
check if the EC cell is replaced or if the EC cell is exposed to gas 
concentrations greater than 150 percent of the highest up-scale gas 
concentration.
    13.3.1 Repeatability Check Procedure. Perform a complete EC cell 
sampling run (all three phases) by introducing the CO calibration gas to 
the measurement system and record the response. Follow Section 10.1.3. 
Use Figure 1 to record all data. Repeat the run three times for a total 
of four complete runs. During the four repeatability check runs, do not 
adjust the system except where necessary to achieve the correct 
calibration gas flow rate at the analyzer.
    13.3.2 Repeatability Check Calculations. Determine the highest and 
lowest average ``measurement data phase'' CO concentrations from the 
four repeatability check runs and record the results on Figure 1 or a 
similar form. The absolute value of the difference between the maximum 
and minimum average values recorded must not vary more than 3 percent or 1 ppm of the up-scale 
gas value, whichever is less restrictive.

                  14.0 Pollution Prevention (Reserved)

                    15.0 Waste Management (Reserved)

                 16.0 Alternative Procedures (Reserved)

                             17.0 References

    (1) ``Development of an Electrochemical Cell Emission Analyzer Test 
Protocol'', Topical Report, Phil Juneau, Emission Monitoring, Inc., July 
1997.
    (2) ``Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen 
Emissions from Natural Gas-Fired Engines, Boilers, and Process Heaters 
Using Portable Analyzers'', EMC Conditional Test Protocol 30 (CTM-30), 
Gas Research Institute Protocol GRI-96/0008, Revision 7, October 13, 
1997.
    (3) ``ICAC Test Protocol for Periodic Monitoring'', EMC Conditional 
Test Protocol 34 (CTM-034), The Institute of Clean Air Companies, 
September 8, 1999.
    (4) ``Code of Federal Regulations'', Protection of Environment, 40 
CFR, Part 60, Appendix A, Methods 1-4; 10.

[[Page 69]]



                                                         Table 1: Appendix A--Sampling Run Data.
                                                   Facility__________ Engine I.D.__________ Date______
Run Type:.......................................                      (_)                       (_)                       (_)                       (_)
(X).............................................              Pre-Sample CalibratioStack Gas Sample              Post-Sample Cal. Check  Repeatability Check
 


Run ........................................................        1         1         2         2         3         3         4         4             Time        Scrub. OK       Flow- Rate
Gas..........................................................       O2          CO      O2          CO      O2          CO      O2          CO ...............  ...............
                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
Sample Cond..................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
Phase........................................................
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
Measurement..................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
Data Phase...................................................
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
Mean.........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
                                                               ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
Refresh......................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
Phase........................................................
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............
[sec]........................................................  ........  ........  ........  ........  ........  ........  ........  ........  ...............  ...............  ...............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 70]]


[78 FR 6721, Jan. 30, 2013]



 Subpart AAAAA_National Emission Standards for Hazardous Air Pollutants 
                      for Lime Manufacturing Plants

    Source: 69 FR 416, Jan. 5, 2004, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.7080  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for lime manufacturing plants. This subpart also 
establishes requirements to demonstrate initial and continuous 
compliance with the emission limitations.



Sec.  63.7081  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a lime 
manufacturing plant (LMP) that is a major source, or that is located at, 
or is part of, a major source of hazardous air pollutant (HAP) 
emissions, unless the LMP is located at a kraft pulp mill, soda pulp 
mill, sulfite pulp mill, beet sugar manufacturing plant, or only 
processes sludge containing calcium carbonate from water softening 
processes.
    (1) An LMP is an establishment engaged in the manufacture of lime 
product (calcium oxide, calcium oxide with magnesium oxide, or dead 
burned dolomite) by calcination of limestone, dolomite, shells or other 
calcareous substances.
    (2) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) 
or more per year or any combination of HAP at a rate of 22.68 megagrams 
(25 tons) or more per year from all emission sources at the plant site.
    (b) [Reserved]



Sec.  63.7082  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing or new lime kiln(s) and 
their associated cooler(s), and processed stone handling (PSH) 
operations system(s) located at an LMP that is a major source.
    (b) A new lime kiln is a lime kiln, and (if applicable) its 
associated lime cooler, for which construction or reconstruction began 
after December 20, 2002, if you met the applicability criteria in Sec.  
63.7081 at the time you began construction or reconstruction.
    (c) A new PSH operations system is the equipment in paragraph (g) of 
this section, for which construction or reconstruction began after 
December 20, 2002, if you met the applicability criteria in Sec.  
63.7081 at the time you began construction or reconstruction.
    (d) A lime kiln or PSH operations system is reconstructed if it 
meets the criteria for reconstruction defined in Sec.  63.2.
    (e) An existing lime kiln is any lime kiln, and (if applicable) its 
associated lime cooler, that does not meet the definition of a new kiln 
of paragraph (b) of this section.
    (f) An existing PSH operations system is any PHS operations system 
that does not meet the definition of a new PSH operations system in 
paragraph (c) of this section.
    (g) A PSH operations system includes all equipment associated with 
PSH operations beginning at the processed stone storage bin(s) or open 
storage pile(s) and ending where the processed stone is fed into the 
kiln. It includes man-made processed stone storage bins (but not open 
processed stone storage piles), conveying system transfer points, bulk 
loading or unloading systems, screening operations, surge bins, bucket 
elevators, and belt conveyors. No other materials processing operations 
are subject to this subpart.
    (h) Nuisance dust collectors on lime coolers are part of the lime 
materials processing operations and are not covered by this subpart.
    (i) Lime hydrators are not subject to this subpart.
    (j) Open material storage piles are not subject to this subpart.



Sec.  63.7083  When do I have to comply with this subpart?

    (a) If you have a new affected source, you must comply with this 
subpart according to paragraphs (a)(1) and (2) of this section.

[[Page 71]]

    (1) If you start up your affected source before January 5, 2004, you 
must comply with the emission limitations no later than January 5, 2004, 
and you must have completed all applicable performance tests no later 
than July 5, 2004, except as noted in paragraphs (e)(1) and (2) of this 
section.
    (2) If you start up your affected source after January 5, 2004, then 
you must comply with the emission limitations for new affected sources 
upon startup of your affected source and you must have completed all 
applicable performance tests no later than 180 days after startup, 
except as noted in paragraphs (e)(1) and (2) of this section.
    (b) If you have an existing affected source, you must comply with 
the applicable emission limitations for the existing affected source, 
and you must have completed all applicable performance tests no later 
than January 5, 2007, except as noted in paragraphs (e)(1) and (2) of 
this section.
    (c) If you have an LMP that is an area source that increases its 
emissions or its potential to emit such that it becomes a major source 
of HAP, the deadlines specified in paragraphs (c)(1) and (2) of this 
section apply.
    (1) New affected sources at your LMP you must be in compliance with 
this subpart upon startup.
    (2) Existing affected sources at your LMP must be in compliance with 
this subpart within 3 years after your source becomes a major source of 
HAP.
    (d) You must meet the notification requirements in Sec.  63.7130 
according to the schedule in Sec.  63.7130 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.
    (e)(1) If your affected source commenced construction or 
reconstruction on or before September, 16, 2019, then the compliance 
date for the revised requirements promulgated at Sec. Sec.  63.7090, 
63.7100, 63.7112, 63.7113, 63.7121, 63.7130, 63.7131, 63.7132, 63.7140, 
63.7141, 63.7142, and 63.7143 and Tables 2, 3, 4, 5, 7, 8 and 9 (except 
changes to the cross references to 63.6(f)(1) and (h)(1)) of 40 CFR 63, 
subpart AAAAA, published on July 24, 2020 is January 20, 2021.
    (2) If your affected source commenced construction or reconstruction 
after September 16, 2019, then the compliance date for the revised 
requirements promulgated at Sec. Sec.  63.7090, 63.7100, 63.7112, 
63.7113, 63.7121, 63.7130, 63.7131, 63.7132, 63.7140, 63.7141, 63.7142, 
and 63.7143 and Tables 2, 3, 4, 5, 7, 8 and 9 to this subpart, published 
on July 24, 2020 is July 24, 2020 or the date of initial startup, 
whichever is later.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44977, July 24, 2020]

                          Emission Limitations



Sec.  63.7090  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 3 to this subpart 
that applies to you.
    (c) On or after the relevant compliance date for your source as 
specified in Sec. Sec.  63.7083(e), you must meet each startup and 
shutdown period emission limit in Table 2 to this subpart that applies 
to you.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44977, July 24, 2020]

                     General Compliance Requirements



Sec.  63.7100  What are my general requirements for complying with this
subpart?

    (a) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), you must be in compliance with the 
emission limitations (including operating limits) in this subpart at all 
times, except during periods of startup, shutdown, and malfunction. On 
and after the relevant compliance date for your source as specified in 
Sec.  63.7083(e), you must be in compliance with the applicable emission 
limitations (including operating limits) at all times.
    (b) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), you must be in compliance with the 
opacity and visible emission (VE) limits in this subpart at all times, 
except during periods of startup, shutdown, and malfunction. On and 
after the relevant compliance date for your source as specified in Sec.  
63.7083(e), you

[[Page 72]]

must be in compliance with the applicable opacity and VE limits at all 
times.
    (c) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), you must always operate and maintain your 
affected source, including air pollution control and monitoring 
equipment, according to the provisions in Sec.  63.6(e)(1)(i). On and 
after the relevant compliance date for your source as specified in Sec.  
63.7083(e), you must always 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 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.
    (d) You must prepare and implement for each LMP, a written 
operations, maintenance, and monitoring (OM&M) plan. You must submit the 
plan to the applicable permitting authority for review and approval as 
part of the application for a 40 CFR part 70 or 40 CFR part 71 permit. 
Any subsequent changes to the plan must be submitted to the applicable 
permitting authority for review and approval. Pending approval by the 
applicable permitting authority of an initial or amended plan, you must 
comply with the provisions of the submitted plan. Each plan must contain 
the following information:
    (1) Process and control device parameters to be monitored to 
determine compliance, along with established operating limits or ranges, 
as applicable, for each emission unit.
    (2) A monitoring schedule for each emission unit.
    (3) Procedures for the proper operation and maintenance of each 
emission unit and each air pollution control device used to meet the 
applicable emission limitations and operating limits in Tables 1, 2 and 
3 to this subpart, respectively. On and after the relevant compliance 
date for your source as specified in Sec.  63.7083(e), your OM&M plan 
must address periods of startup and shutdown.
    (4) Procedures for the proper installation, operation, and 
maintenance of monitoring devices or systems used to determine 
compliance, including:
    (i) Calibration and certification of accuracy of each monitoring 
device;
    (ii) Performance and equipment specifications for the sample 
interface, parametric signal analyzer, and the data collection and 
reduction systems;
    (iii) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), ongoing operation and maintenance 
procedures in accordance with the general requirements of Sec. Sec.  
63.8(c)(1)(i) and (ii), (3), and (4)(ii). On and after the relevant 
compliance date for your source as specified in Sec.  63.7083(e), 
ongoing operation and maintenance procedures in accordance with the 
general requirements of paragraph (c) of this section and Sec. Sec.  
63.8(c)(1)(ii), (3), and (4)(ii); and
    (iv) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  63.8(d).
    (5) Procedures for monitoring process and control device parameters.
    (6) Corrective actions to be taken when process or operating 
parameters or add-on control device parameters deviate from the 
operating limits specified in Table 3 to this subpart, including:
    (i) Procedures to determine and record the cause of a deviation or 
excursion, and the time the deviation or excursion began and ended; and
    (ii) Procedures for recording the corrective action taken, the time 
corrective action was initiated, and the time and date the corrective 
action was completed.
    (7) A maintenance schedule for each emission unit and control device 
that is consistent with the manufacturer's instructions and 
recommendations for routine and long-term maintenance.
    (e) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), you must develop a written

[[Page 73]]

startup, shutdown, and malfunction plan (SSMP) according to the 
provisions in Sec.  63.6(e)(3).

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 85 
FR 44977, July 24, 2020]

               Testing and Initial Compliance Requirements



Sec.  63.7110  By what date must I conduct performance tests and other
initial compliance demonstrations?

    (a) If you have an existing affected source, you must complete all 
applicable performance tests within January 5, 2007, according to the 
provisions in Sec. Sec.  63.7(a)(2) and 63.7114.
    (b) If you have a new affected source, and commenced construction or 
reconstruction between December 20, 2002, and January 5, 2004, you must 
demonstrate initial compliance with either the proposed emission 
limitation or the promulgated emission limitation no later than 180 
calendar days after January 5, 2004 or within 180 calendar days after 
startup of the source, whichever is later, according to Sec. Sec.  
63.7(a)(2)(ix) and 63.7114.
    (c) If you commenced construction or reconstruction between December 
20, 2002, and January 5, 2004, and you chose to comply with the proposed 
emission limitation when demonstrating initial compliance, you must 
conduct a demonstration of compliance with the promulgated emission 
limitation within January 5, 2007 or after startup of the source, 
whichever is later, according to Sec. Sec.  63.7(a)(2)(ix) and 63.7114.
    (d) For each initial compliance requirement in Table 4 to this 
subpart that applies to you where the monitoring averaging period is 3 
hours, the 3-hour period for demonstrating continuous compliance for 
emission units within existing affected sources at LMP begins at 12:01 
a.m. on the compliance date for existing affected sources, that is, the 
day following completion of the initial compliance demonstration, and 
ends at 3:01 a.m. on the same day.
    (e) For each initial compliance requirement in Table 4 to this 
subpart that applies to you where the monitoring averaging period is 3 
hours, the 3-hour period for demonstrating continuous compliance for 
emission units within new or reconstructed affected sources at LMP 
begins at 12:01 a.m. on the day following completion of the initial 
compliance demonstration, as required in paragraphs (b) and (c) of this 
section, and ends at 3:01 a.m. on the same day.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44977, July 24, 2020]



Sec.  63.7111  When must I conduct subsequent performance tests?

    You must conduct a performance test within 5 years following the 
initial performance test and within 5 years following each subsequent 
performance test thereafter.



Sec.  63.7112  What performance tests, design evaluations, and other
procedures must I use?

    (a) You must conduct each performance test in Table 5 to this 
subpart that applies to you.
    (b) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), each performance test must be conducted 
according to the requirements in Sec.  63.7(e)(1) and under the specific 
conditions specified in Table 5 to this subpart. On and after the 
relevant compliance date for your source as specified in Sec.  
63.7083(e), each performance test must be conducted based on 
representative performance (i.e., performance based on normal operating 
conditions) of the affected source and under the specific conditions in 
Table 5 to this subpart. Representative conditions exclude periods of 
startup and shutdown. The owner or operator may not conduct performance 
tests during periods of malfunction. The owner or operator must record 
the process information that is necessary to document operating 
conditions during the test and include in such record an explanation to 
support that such conditions represent normal operation. Upon request, 
the owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests.
    (c) Prior to the relevant compliance date for your source as 
specified in

[[Page 74]]

Sec.  63.7083(e), you may not conduct performance tests during periods 
of startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1). 
On and after the relevant compliance date for your source as specified 
in Sec.  63.7083(e), you may not conduct performance tests during 
periods of startup, shutdown, or malfunction, as specified in paragraph 
(b) of this section.
    (d) Except for opacity and VE observations, you must conduct three 
separate test runs for each performance test required in this section, 
as specified in Sec.  63.7(e)(3). Each test run must last at least 1 
hour.
    (e) The emission rate of particulate matter (PM) from each lime kiln 
(and each lime cooler if there is a separate exhaust to the atmosphere 
from the lime cooler) must be computed for each run using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.000

Where:

E = Emission rate of PM, pounds per ton (lb/ton) of stone feed.
Ck = Concentration of PM in the kiln effluent, grain/dry 
          standard cubic feet (gr/dscf).
Qk = Volumetric flow rate of kiln effluent gas, dry standard 
          cubic feet per hour (dscf/hr).
Cc = Concentration of PM in the cooler effluent, grain/dscf. 
          This value is zero if there is not a separate cooler exhaust 
          to the atmosphere.
Qc = Volumetric flow rate of cooler effluent gas, dscf/hr. 
          This value is zero if there is not a separate cooler exhaust 
          to the atmosphere.
P = Stone feed rate, tons per hour (ton/hr).
K = Conversion factor, 7000 grains per pound (grains/lb).

    (f)(1) If you choose to meet a weighted average emission limit as 
specified in item 4 of Table 1 to this subpart, you must calculate a 
combined particulate emission rate from all kilns and coolers within 
your LMP using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.001

Where:

ET = Emission rate of PM from all kilns and coolers, lb/ton 
          of stone feed.
Ei = Emission rate of PM from kiln i, or from kiln/cooler 
          combination i, lb/ton of stone feed.
Pi = Stone feed rate to kiln i, ton/hr.
n = Number of kilns you wish to include in averaging.

    (2) You do not have to include every kiln in this calculation, only 
include kilns you wish to average. Kilns that have a PM emission limit 
of 0.60 lb/tsf are ineligible for any averaging.
    (g) The weighted average PM emission limit from all kilns and 
coolers for which you are averaging must be calculated using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.002

Where:

ETN = Weighted average PM emission limit for all kilns and 
          coolers being included in averaging at the LMP, lb/ton of 
          stone feed.
Ej = PM emission limit (0.10 or 0.12) for kiln j, or for 
          kiln/cooler combination j, lb/ton of stone feed.
Pj = Stone feed rate to kiln j, ton/hr.
m = Number of kilns and kiln/cooler combinations you are averaging at 
          your LMP. You must include the same kilns in the calculation 
          of ET and ETN. Kilns that have a PM 
          emission limit of 0.60 lb/tsf are ineligible for any 
          averaging.

    (h) Performance test results must be documented in complete test 
reports that contain the information required by paragraphs (h)(1) 
through (10) of this section, as well as all other relevant information. 
The plan to be followed during testing must be made available to the 
Administrator at least 60 days prior to testing.
    (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, including opacity;
    (5) Quality assurance procedures and results;
    (6) Records of operating conditions during the test, preparation of 
standards, and calibration procedures;
    (7) Raw data sheets for field sampling and field and laboratory 
analyses;
    (8) Documentation of calculations;

[[Page 75]]

    (9) All data recorded and used to establish operating limits; and
    (10) Any other information required by the test method.
    (i) [Reserved]
    (j) You must establish any applicable 3-hour block average operating 
limit indicated in Table 3 to this subpart according to the applicable 
requirements in Table 4 to this subpart and paragraphs (j)(1) through 
(4) of this section.
    (1) Continuously record the parameter during the PM performance test 
and include the parameter record(s) in the performance test report.
    (2) Determine the average parameter value for each 15-minute period 
of each test run.
    (3) Calculate the test run average for the parameter by taking the 
average of all the 15-minute parameter values for the run.
    (4) Calculate the 3-hour operating limit by taking the average of 
the three test run averages.
    (k) For each building enclosing any PSH operations that is subject 
to a VE limit, you must conduct a VE check according to item 18 in Table 
5 to this subpart, and in accordance with paragraphs (k)(1) through (3) 
of this section.
    (1) Conduct visual inspections that consist of a visual survey of 
the building over the test period to identify if there are VE, other 
than condensed water vapor.
    (2) Select a position at least 15 but not more 1,320 feet from each 
side of the building with the sun or other light source generally at 
your back.
    (3) The observer conducting the VE checks need not be certified to 
conduct EPA Method 9 in appendix A-4 to part 60 of this chapter. 
However, the observer must meet the training requirements as described 
in EPA Method 22 in appendix A-7 to part 60 of this chapter.
    (l) When determining compliance with the opacity standards for 
fugitive emissions from PSH operations in item 8 of Table 1 to this 
subpart, you must conduct EPA Method 9 in appendix A-4 to part 60 of 
this chapter according to item 17 in Table 5 to this subpart, and in 
accordance with paragraphs (l)(1) through (3) of this section.
    (1) The minimum distance between the observer and the emission 
source shall be 4.57 meters (15 feet).
    (2) The observer shall, when possible, select a position that 
minimizes interference from other fugitive emission sources (e.g., road 
dust). The required observer position relative to the sun must be 
followed.
    (3) If you use wet dust suppression to control PM from PSH 
operations, a visible mist is sometimes generated by the spray. The 
water mist must not be confused with particulate matter emissions and is 
not to be considered VE. When a water mist of this nature is present, 
you must observe emissions at a point in the plume where the mist is no 
longer visible.
    (m) On and after the relevant compliance date for your source as 
specified in Sec.  63.7083(e), during startup, kilns must be tested 
hourly to determine when lime product meets the definition of on-
specification lime product.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44977, July 24, 2020]



Sec.  63.7113  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to your OM&M plan required 
by Sec.  63.7100(d) and paragraphs (a)(1) through (5) of this section, 
and you must install, operate, and maintain each continuous opacity 
monitoring system (COMS) as required by paragraph (g) of this section
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) To calculate a valid hourly value, you must have at least four 
equally spaced data values (or at least two, if that condition is 
included to allow for periodic calibration checks) for that hour from a 
CPMS that is not out of control according your OM&M plan, and use all 
valid data.
    (3) To calculate the average for each 3-hour block averaging period, 
you must use all valid data, and you must have at least 66 percent of 
the hourly averages for that period using only hourly average values 
that are based

[[Page 76]]

on valid data (i.e., not from out-of-control periods).
    (4) You must conduct a performance evaluation of each CPMS in 
accordance with your OM&M plan.
    (5) You must continuously operate and maintain the CPMS according to 
the OM&M plan, including, but not limited to, maintaining necessary 
parts for routine repairs of the monitoring equipment.
    (b) For each flow measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and (b)(1) through (4) of this section.
    (1) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (2) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (3) Conduct a flow sensor calibration check at least semiannually.
    (4) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and (c)(1) through (7) of 
this section.
    (1) Locate the pressure sensor(s) in or as close to as possible a 
position that provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum tolerance of 0.5 inch of water or a 
transducer with a minimum tolerance of 1 percent of the pressure range.
    (4) Check pressure tap pluggage daily.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each bag leak detection system (BLDS), you must meet any 
applicable requirements in paragraphs (a)(1) through (5) and (d)(1) 
through (10) of this section.
    (1) The BLDS 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.
    (2) The sensor on the BLDS must provide output of relative PM 
emissions.
    (3) The BLDS must be equipped with a device to continuously record 
the output signal from the sensor.
    (4) The BLDS must have an alarm that will sound automatically when 
it detects an increase in relative PM emissions greater than a preset 
level.
    (5) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (6) For a positive-pressure fabric filter (FF), each compartment or 
cell must have a bag leak detector (BLD). For a negative-pressure or 
induced-air FF, the BLD must be installed downstream of the FF. If 
multiple BLD are required (for either type of FF), the detectors may 
share the system instrumentation and alarm.
    (7) Each triboelectric BLDS must be installed, calibrated, operated, 
and maintained according to EPA-454/R-98-015, ``Fabric Filter Bag Leak 
Detection Guidance,'' (incorporated by reference--see Sec.  63.14). 
Other types of bag leak detection systems must be installed, operated, 
calibrated, and maintained according to the manufacturer's written 
specifications and recommendations. Standard operating procedures must 
be incorporated into the OM&M plan.
    (8) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways, 
according to section 5.0 of the EPA-454/R-98-015, ``Fabric Filter Bag 
Leak Detection Guidance,'' (incorporated by reference--see Sec.  63.14):
    (i) Adjust the range and the averaging period of the device.
    (ii) Establish the alarm set points and the alarm delay time.
    (9) After initial adjustment, the sensitivity or range, averaging 
period, alarm set points, or alarm delay time may not be adjusted except 
as specified in the OM&M plan required by

[[Page 77]]

Sec.  63.7100(d). In no event may the range be increased by more than 
100 percent or decreased by more than 50 percent over a 365-day period 
unless such adjustment follows a complete FF inspection that 
demonstrates that the FF is in good operating condition, as defined in 
section 5.2 of the ``Fabric Filter Bag Leak Detection Guidance,'' 
(incorporated by reference--see Sec.  63.14). Record each adjustment.
    (10) Record the results of each inspection, calibration, and 
validation check.
    (e) For each PM detector, you must meet any applicable requirements 
in paragraphs (a)(1) through (5) and (e)(1) through (8) of this section.
    (1) The PM detector 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.
    (2) The sensor on the PM detector must provide output of relative PM 
emissions.
    (3) The PM detector must have an alarm that will sound automatically 
when it detects an increase in relative PM emissions greater than a 
preset level.
    (4) The alarm must be located in an area where appropriate plant 
personnel will be able to hear it.
    (5) For a positive-pressure electrostatic precipitator (ESP), each 
compartment must have a PM detector. For a negative-pressure or induced-
air ESP, the PM detector must be installed downstream of the ESP. If 
multiple PM detectors are required (for either type of ESP), the 
detectors may share the system instrumentation and alarm.
    (6) Particulate matter detectors must be installed, operated, 
adjusted, and maintained according to the manufacturer's written 
specifications and recommendations. Standard operating procedures must 
be incorporated into the OM&M plan.
    (7) At a minimum, initial adjustment of the system must consist of 
establishing the baseline output in both of the following ways:
    (i) Adjust the range and the averaging period of the device.
    (ii) Establish the alarm set points and the alarm delay time.
    (8) After initial adjustment, the range, averaging period, alarm set 
points, or alarm delay time may not be adjusted except as specified in 
the OM&M plan required by Sec.  63.7100(d). In no event may the range be 
increased by more than 100 percent or decreased by more than 50 percent 
over a 365-day period unless a responsible official as defined in Sec.  
63.2 certifies in writing to the Administrator that the ESP has been 
inspected and found to be in good operating condition.
    (f) For each emission unit equipped with an add-on air pollution 
control device, you must inspect each capture/collection and closed vent 
system at least once each calendar year to ensure that each system is 
operating in accordance with the operating requirements in item 6 of 
Table 3 to this subpart and record the results of each inspection.
    (g) For each COMS used to monitor an add-on air pollution control 
device, you must meet the requirements in paragraphs (g)(1) and (2) of 
this section.
    (1) Install the COMS at the outlet of the control device.
    (2) Install, maintain, calibrate, and operate the COMS as required 
by 40 CFR part 63, subpart A, General Provisions and according to 
Performance Specification (PS)-1 of appendix B to part 60 of this 
chapter. Facilities that operate COMS installed on or before February 6, 
2001, may continue to meet the requirements in effect at the time of 
COMS installation unless specifically required to re-certify the COMS by 
their permitting authority.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44978, July 24, 2020]



Sec.  63.7114  How do I demonstrate initial compliance with the emission
limitations standard?

    (a) You must demonstrate initial compliance with each emission limit 
in Table 1 to this subpart that applies to you, according to Table 4 to 
this subpart. For existing lime kilns and their associated coolers, you 
may perform VE measurements in accordance with EPA Method 9 of appendix 
A to part 60 in lieu of installing a COMS or PM detector if any of the 
conditions in paragraphs (a)(1) through (3) of this section exist:

[[Page 78]]

    (1) You use a FF for PM control, and the FF is under positive 
pressure and has multiple stacks; or
    (2) The control device exhausts through a monovent; or
    (3) The installation of a COMS in accordance with PS-1 of appendix B 
to part 60 is infeasible.
    (b) You must establish each site-specific operating limit in Table 3 
to this subpart that applies to you according to the requirements in 
Sec.  63.7112(j) and Table 5 to this subpart. Alternative parameters may 
be monitored if approval is obtained according to the procedures in 
Sec.  63.8(f).
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.7130(e).

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44979, July 24, 2020]

                   Continuous Compliance Requirements



Sec.  63.7120  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for monitor malfunctions, associated repairs, required 
quality assurance or control activities (including, as applicable, 
calibration checks and required zero adjustments), and except for PSH 
operations subject to monthly VE testing, you must monitor continuously 
(or collect data at all required intervals) at all times that the 
emission unit is operating.
    (c) Data recorded during the conditions described in paragraphs 
(c)(1) and (2) of this section may not be used either in data averages 
or calculations of emission or operating limits; or in fulfilling a 
minimum data availability requirement. You must use all the data 
collected during all other periods in assessing the operation of the 
control device and associated control system.
    (1) Monitoring system breakdowns, repairs, preventive maintenance, 
calibration checks, and zero (low-level) and high-level adjustments;
    (2) Periods of non-operation of the process unit (or portion 
thereof), resulting in cessation of the emissions to which the 
monitoring applies; and

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44979, July 24, 2020]



Sec.  63.7121  How do I demonstrate continuous compliance with the 
emission limitations standard?

    (a) You must demonstrate continuous compliance with each emission 
limitation in Tables 1 and 3 to this subpart that applies to you 
according to the methods specified in Tables 6 and 7 to this subpart.
    (b) You must report each instance in which you did not meet each 
operating limit, opacity limit, and VE limit in Tables 2, 3 and 7 to 
this subpart that applies to you. These deviations must be reported 
according to the requirements in Sec.  63.7131.
    (c) [Reserved]
    (d) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), consistent with Sec. Sec.  63.6(e) and 
63.7(e)(1), deviations that occur during a period of startup, shutdown, 
or malfunction are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
Sec.  63.6(e)(1). The Administrator will determine whether deviations 
that occur during a period of startup, shutdown, or malfunction are 
violations, according to the provisions in Sec.  63.6(e).
    (e) For each PSH operation subject to an opacity limit as specified 
in Table 1 to this subpart, and any vents from buildings subject to an 
opacity limit, you must conduct a VE check according to item 1 in Table 
7 to this subpart, and as follows:
    (1) Conduct visual inspections that consist of a visual survey of 
each stack or process emission point over the test period to identify if 
there are VE, other than condensed water vapor.
    (2) Select a position at least 15 but not more 1,320 feet from the 
affected emission point with the sun or other light source generally at 
your back.
    (3) The observer conducting the VE checks need not be certified to 
conduct EPA Method 9 in appendix A-4 to part 60 of this chapter but must 
meet the training requirements as described in EPA Method 22 of appendix 
A-7 to part 60 of this chapter.

[[Page 79]]

    (f) For existing lime kilns and their associated coolers, you may 
perform VE measurements in accordance with EPA Method 9 of appendix A to 
part 60 in lieu of installing a COMS or PM detector if any of the 
conditions in paragraphs (f)(1) or (3) of this section exist:
    (1) You use a FF for PM control, and the FF is under positive 
pressure and has multiple stacks; or
    (2) The control device exhausts through a monovent; or
    (3) The installation of a COMS in accordance with PS-1 of appendix B 
to part 60 is infeasible.

[69 FR 416, Jan. 5, 2004, as amended at 71 FR 20467, Apr. 20, 2006; 85 
FR 44979, July 24, 2020]

                   Notification, Reports, and Records



Sec.  63.7130  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  
63.6(h)(4) and (5); 63.7(b) and (c); 63.8(e); (f)(4) and (6); and 63.9 
(a) through (j) that apply to you, by the dates specified.
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before January 5, 2004, you must submit an initial notification 
not later than 120 calendar days after January 5, 2004, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
    (c) If you startup your new or reconstructed affected source on or 
after January 5, 2004, you must submit an initial notification not later 
than 120 calendar days after you start up your affected source, or no 
later than 120 days after the source becomes subject to this subpart, 
whichever is later.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin, as 
required in Sec.  63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, opacity observation, VE observation, or other initial 
compliance demonstration as specified in Table 4 or 5 to this subpart, 
you must submit a Notification of Compliance Status according to Sec.  
63.9(h)(2)(ii). Beginning on the relevant compliance date for your 
source as specified in Sec.  63.7083(e), submit all subsequent 
Notification of Compliance Status following the procedure specified in 
Sec.  63.7131(h).
    (1) For each initial compliance demonstration required in Table 4 to 
this subpart that does not include a performance test, you must submit 
the Notification of Compliance Status before the close of business on 
the 30th calendar day following the completion of the initial compliance 
demonstration.
    (2) For each compliance demonstration required in Table 6 to this 
subpart that includes a performance test conducted according to the 
requirements in Table 5 to this subpart, you must submit the 
Notification of Compliance Status, including the performance test 
results, before the close of business on the 60th calendar day following 
the completion of the performance test according to Sec.  63.10(d)(2).

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44979, July 24, 2020; 85 
FR 73912, Nov. 19, 2020]



Sec.  63.7131  What reports must I submit and when?

    (a) You must submit each report listed in Table 8 to this subpart 
that applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date specified in Table 8 to this subpart and according to the 
requirements in paragraphs (b)(1) through (6) of this section:
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.7083 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first half calendar year after the 
compliance date that is specified for your source in Sec.  63.7083.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first half calendar year after the compliance date that is specified for 
your affected source in Sec.  63.7083.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting

[[Page 80]]

period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to part 70 or part 71 of this chapter, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to Sec. Sec.  70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) 
of this chapter, you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates specified in paragraphs (b)(1) through 
(4) of this section.
    (6) Beginning on the relevant compliance date for your source as 
specified in Sec.  63.7083(e), submit all subsequent compliance reports 
following the procedure specified in paragraph (h) of this section.
    (c) The compliance report must contain the information specified in 
paragraphs (c)(1) through (6) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), if you had a startup, shutdown or 
malfunction during the reporting period and you took actions consistent 
with your SSMP, the compliance report must include the information in 
Sec.  63.10(d)(5)(i).
    (5) If there were no deviations from any emission limitations 
(emission limit, operating limit, opacity limit, and VE limit) that 
apply to you, the compliance report must include a statement that there 
were no deviations from the emission limitations during the reporting 
period.
    (6) If there were no periods during which the continuous monitoring 
systems (CMS) were out-of-control as specified in Sec.  63.8(c)(7), a 
statement that there were no periods during which the CMS were out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and VE limit) that occurs at an affected 
source where you are not using a CMS to comply with the emission 
limitations in this subpart, the compliance report must contain the 
information specified in paragraphs (c)(1) through (4) and (d)(1) and 
(2) of this section. The deviations must be reported in accordance with 
the requirements in Sec.  63.10(d) prior to the relevant compliance date 
for your source as specified in Sec.  63.7083(e) and the requirements in 
Sec.  63.10(d)(1)-(4) beginning on the relevant compliance date for your 
source as specified in Sec.  63.7083(e).
    (1) The total operating time of each emission unit during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), and the corrective action 
taken.
    (3) An estimate of the quantity of each regulated pollutant emitted 
over a particulate matter emission limit, and a description of the 
method used to estimate the emissions.
    (e) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and VE limit) occurring at an affected 
source where you are using a CMS to comply with the emission limitation 
in this subpart, you must include the information specified in 
paragraphs (c)(1) through (4) and (e)(1) through (11) of this section, 
except that beginning on the relevant compliance date for your source as 
specified in 63.7083(e), the semiannual compliance report must also 
include the information included in paragraph (e)(12) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time and duration that each CMS was out-of-control, 
including the information in Sec.  63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether

[[Page 81]]

each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (5) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percent of the total 
affected source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total emission unit operating time during that reporting period.
    (8) A brief description of the process units.
    (9) A brief description of the CMS.
    (10) The date of the latest CMS certification or audit.
    (11) A description of any changes in CMS, processes, or controls 
since the last reporting period.
    (12) An estimate of the quantity of each regulated pollutant emitted 
over a particulate matter emission limit, and a description of the 
method used to estimate the emissions.
    (f) Each facility that has obtained a title V operating permit 
pursuant to part 70 or part 71 of this chapter must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by Sec.  70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) of 
this chapter. If you submit a compliance report specified in Table 8 to 
this subpart along with, or as part of, the semiannual monitoring report 
required by Sec.  70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A) of this 
chapter, and the compliance report includes all required information 
concerning deviations from any emission limitation (including any 
operating limit), submission of the compliance report shall be deemed to 
satisfy any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a compliance report shall not 
otherwise affect any obligation you may have to report deviations from 
permit requirements to the permit authority.
    (g) If you are required to submit reports following the procedure 
specified in this paragraph, you must submit reports to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI), which can be 
accessed through the EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). You must use the appropriate electronic report template 
on the CEDRI website (https://www.epa.gov/electronic-reporting-air-
emissions/compliance-and-emissions-data-reporting-interface-cedri) for 
this subpart. The date report templates become available will be listed 
on the CEDRI website. The report must be submitted by the deadline 
specified in this subpart, regardless of the method in which the report 
is submitted. If you claim some of the information required to be 
submitted via CEDRI is confidential business information (CBI), submit a 
complete report, including information claimed to be CBI, to the EPA. 
The report must be generated using the appropriate form on the CEDRI 
website. Submit the file on a compact disc, flash drive, or other 
commonly used electronic storage medium and clearly mark the medium as 
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph.
    (h) Within 60 days after the date of completing each performance 
test required by this subpart, you must submit the results of the 
performance test following the procedures specified in paragraphs (h)(1) 
through (3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via CEDRI, which can be accessed through the 
EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a file 
format generated

[[Page 82]]

through the use of the EPA's ERT. Alternatively, you may submit an 
electronic file consistent with the extensible markup language (XML) 
schema listed on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment in 
the ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT website. Submit the ERT generated package or 
alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (i) of this section is CBI, 
you must submit a complete file, including information claimed to be 
CBI, to the EPA. The file must be generated through the use of the EPA's 
ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT website. Submit the file on a compact disc, 
flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described in paragraph (i) of this section.
    (i) If you are required to electronically submit a report or 
notification through CEDRI in the EPA's CDX, you may assert a claim of 
EPA system outage for failure to timely comply with the reporting 
requirement. To assert a claim of EPA system outage, you must meet the 
requirements outlined in paragraphs (i)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (j) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of force majeure for 
failure to timely comply with the reporting requirement. To assert a 
claim of force majeure, you must meet the requirements outlined in 
paragraphs (j)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or

[[Page 83]]

equipment failure or safety hazard beyond the control of the affected 
facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44979, July 24, 2020]



Sec.  63.7132  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), the records in Sec.  63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. On and after 
the relevant compliance date for your source as specified in Sec.  
63.7083(e), the records in paragraphs (a)(2)(i) and (ii) of this 
section.
    (i) You must keep records for each startup period of the date, the 
time startup began, the time began producing on-specification lime 
product, and the time discharge from the kiln began for any affected 
source that is subject to a standard during startup that differs from 
the standard applicable at other times.
    (ii) You must keep records of the date, time, cause and duration of 
each malfunction (as defined in 40 CFR 63.2) that causes an affected 
source to fail to meet an applicable standard; if there was also a 
monitoring malfunction, the date, time, cause, and duration of the 
monitoring malfunction; the record must list the affected source or 
equipment; if there was a failure to meet a particulate matter emissions 
limit, an estimate of the volume of each regulated pollutant emitted 
over the limit, and a description of the method used to estimate the 
emissions.
    (3) Records of performance tests, performance evaluations, and 
opacity and VE observations as required in Sec.  63.10(b)(2)(viii).
    (b) You must keep the records in Sec.  63.6(h)(6) for VE 
observations.
    (c) You must keep the records required by Tables 6 and 7 to this 
subpart to show continuous compliance with each emission limitation that 
applies to you.
    (d) You must keep the records which document the basis for the 
initial applicability determination as required under Sec.  63.7081.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44981, July 24, 2020]



Sec.  63.7133  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You may keep the 
records offsite for the remaining 3 years.
    (d) Any records required to be maintained by this part that are 
submitted electronically via the EPA's CEDRI

[[Page 84]]

may be maintained in electronic format. This ability to maintain 
electronic copies does not affect the requirement for facilities to make 
records, data, and reports available upon request to a delegated air 
agency or the EPA as part of an on-site compliance evaluation.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44981, July 24, 2020]

                   Other Requirements and Information



Sec.  63.7140  What parts of the General Provisions apply to me?

    Table 9 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.16 apply to you. When there is overlap 
between subpart A and subpart AAAAA, as indicated in the 
``Explanations'' column in Table 8, subpart AAAAA takes precedence.

[85 FR 44981, July 24, 2020]



Sec.  63.7141  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or by a delegated authority such as your State, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
State, local, or tribal agency, then that agency (as well as the U.S. 
EPA) has the authority to implement and enforce this subpart. You should 
contact your U.S. EPA Regional Office to find out if this subpart is 
delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as specified in paragraphs (c)(1) through (7) of 
this section.
    (1) Approval of alternatives to the non-opacity emission limitations 
in Sec.  63.7090(a).
    (2) Approval of alternative opacity emission limitations in Sec.  
63.7090(a) and (c).
    (3) Approval of alternatives to the operating limits in Sec.  
63.7090(b).
    (4) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (5) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (6) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.
    (7) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44981, July 24, 2020]



Sec.  63.7142  What are the requirements for claiming area source status?

    (a) If you wish to claim that your LMP is an area source, you must 
measure the emissions of hydrogen chloride from all lime kilns, except 
as provided in paragraph (c) of this section, at your plant using 
either:
    (1) EPA Method 320 of appendix A to this part, or
    (2) As an alternative to Method 320 of Appendix A, ASTM D6348-03 
(Reapproved 2010) including Annexes A1 through A8 (incorporated by 
reference--see Sec.  63.14). ASTM D6348-12e1 (incorporated by 
reference--see Sec.  63.14) is an acceptable alternative to EPA Method 
320 of appendix A, provided that the provisions of paragraphs (a)(2)(i) 
and (ii) of this section are followed:
    (i) The test plan preparation and implementation in the Annexes to 
ASTM D6348-03 (Reapproved 2010), Sections A1 through A8 are mandatory.
    (ii) In ASTM D6348-03 (Reapproved 2010) Annex A5 (Analyte Spiking 
Technique), the percent recovery (%R) must be determined for each target 
analyte (Equation A5.5). In order for the test data to be acceptable for 
a compound, %R must be greater than or equal to 70 percent and less than 
or equal to 130 percent. If the %R value does not meet this criterion 
for a target compound, the test data are not acceptable for that 
compound and the test must be repeated for that analyte (i.e., the 
sampling and/or analytical procedure should be adjusted before a 
retest). The %R value for each compound must be reported in the test 
report, and all field

[[Page 85]]

measurements must be corrected with the calculated %R value for that 
compound by using the following equation: Reported Results = ((Measured 
Concentration in the Stack))/(%R) x 100; or
    (3) EPA Method 321 of appendix A to this part, or
    (4) As an alternative to EPA Method 321, ASTM Method D6735-01 
(Reapproved 2009), (incorporated by reference--see Sec.  63.14), 
provided that the provisions in paragraphs (a)(3)(i) through (vi) of 
this section are followed.
    (i) 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 (Reapproved 2009).
    (ii) 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] TR05JA04.003

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.

    (iii) You must calculate the test average relative standard 
deviation according to Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR05JA04.004

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.

    (iv) If RSD\TA\ is greater than 20 percent, the data are invalid and 
the test must be repeated.
    (v) The post-test analyte spike procedure of section 11.2.7 of ASTM 
Method D6735-01 (Reapproved 2009) is conducted, and the percent recovery 
is calculated according to section 12.6 of ASTM Method D6735-01 
(Reapproved 2009).
    (vi) 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.
    (b) If you conduct tests to determine the rates of emission of 
specific organic HAP from lime kilns at LMP for use in applicability 
determinations under Sec.  63.7081, you may use either:
    (1) Method 320 of appendix A to this part, or
    (2) As an alternative to Method 320 of Appendix A, ASTM D6348-03 
(Reapproved 2010) including Annexes A1 through A8 (incorporated by 
reference--see Sec.  63.14). ASTM D6348-12e1 (incorporated by 
reference--see Sec.  63.14) is an acceptable alternative to EPA Method 
320 of appendix A, provided that the provisions of paragraphs (b)(2)(i) 
and (ii) of this section are followed:
    (i) The test plan preparation and implementation in the Annexes to 
ASTM D6348-03 (Reapproved 2010), Sections A1 through A8 are mandatory.
    (ii) In ASTM D6348-03 (Reapproved 2010) Annex A5 (Analyte Spiking 
Technique), the percent recovery (%R) must be determined for each target 
analyte (Equation A5.5). In order for the test data to be acceptable for 
a compound, %R must be greater than or equal to 70 percent and less than 
or equal to 130 percent. If the %R value does not meet this criterion 
for a target compound, the test data are not acceptable for that 
compound and the test must be repeated for that analyte (i.e., the 
sampling and/or analytical procedure should be adjusted before a 
retest). The %R value for each compound must be reported in the test 
report, and all field measurements must be corrected with

[[Page 86]]

the calculated %R value for that compound by using the following 
equation: Reported Results = ((Measured Concentration in the Stack))/
(%R) x 100; or
    (3) Method 18 of appendix A-6 to part 60 of this chapter; or
    (4) As an alternative to Method 18, ASTM D6420-99 (Reapproved 2010), 
(incorporated by reference--see Sec.  63.14), provided that the 
provisions of paragraphs (b)(3)(i) through (iv) of this section are 
followed:
    (i) The target compound(s) are those listed in section 1.1 of ASTM 
D6420-99 (Reapproved 2010) as measurable;
    (ii) This ASTM should not be used for methane and ethane because 
their atomic mass is less than 35 and
    (iii) ASTM D6420-99 (Reapproved 2010) should never be specified as a 
total VOC method.
    (c) It is left to the discretion of the permitting authority whether 
or not idled kilns must be tested for (HCl) to claim area source status. 
If the facility has kilns that use common feed materials and fuel, are 
essentially identical in design, and use essentially identical emission 
controls, the permitting authority may also determine if one kiln can be 
tested, and the HCl emissions for the other essentially identical kilns 
be estimated from that test.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44981, July 24, 2020]



Sec.  63.7143  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Bag leak detector system (BLDS) is a type of PM detector used on FF 
to identify an increase in PM emissions resulting from a broken filter 
bag or other malfunction and sound an alarm.
    Belt conveyor means a conveying device that transports processed 
stone from one location to another by means of an endless belt that is 
carried on a series of idlers and routed around a pulley at each end.
    Bucket elevator means a processed stone conveying device consisting 
of a head and foot assembly which supports and drives an endless single 
or double strand chain or belt to which buckets are attached.
    Building means any frame structure with a roof.
    Capture system means the equipment (including enclosures, hoods, 
ducts, fans, dampers, etc.) used to capture and transport PM to a 
control device.
    Control device means the air pollution control equipment used to 
reduce PM emissions released to the atmosphere from one or more process 
operations at an LMP.
    Conveying system means a device for transporting processed stone 
from one piece of equipment or location to another location within a 
plant. Conveying systems include but are not limited to feeders, belt 
conveyors, bucket elevators and pneumatic systems.
    Deviation means any instance in which an affected source, subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
any operating limit);
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Prior to the relevant compliance date for your source as 
specified in Sec.  63.7083(e), fails to meet any emission limitation 
(including any operating limit) in this subpart during startup, 
shutdown, or malfunction, regardless of whether or not such failure is 
allowed by this subpart.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or VE limit.
    Emission unit means a lime kiln, lime cooler, storage bin, conveying 
system transfer point, bulk loading or unloading operation, bucket 
elevator or belt conveyor at an LMP.
    Fugitive emission means PM that is not collected by a capture 
system.
    Hydrator means the device used to produce hydrated lime or calcium 
hydroxide via the chemical reaction of the lime product with water.
    Lime cooler means the device external to the lime kiln (or part of 
the lime

[[Page 87]]

kiln itself) used to reduce the temperature of the lime produced by the 
kiln.
    Lime kiln means the device, including any associated preheater, used 
to produce a lime product from stone feed by calcination. Kiln types 
include, but are not limited to, rotary kiln, vertical kiln, rotary 
hearth kiln, double-shaft vertical kiln, and fluidized bed kiln.
    Lime manufacturing plant (LMP) means any plant which uses a lime 
kiln to produce lime product from limestone or other calcareous material 
by calcination.
    Lime product means the product of the lime kiln calcination process 
including, calcitic lime, dolomitic lime, and dead-burned dolomite.
    Limestone means the material comprised primarily of calcium 
carbonate (referred to sometimes as calcitic or high calcium limestone), 
magnesium carbonate, and/or the double carbonate of both calcium and 
magnesium (referred to sometimes as dolomitic limestone or dolomite).
    Monovent means an exhaust configuration of a building or emission 
control device (e.g., positive pressure FF) 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.
    On-specification Lime Product means lime product that has been 
sufficiently calcined to meet end use requirements.
    Particulate matter (PM) detector means a system that is continuously 
capable of monitoring PM loading in the exhaust of FF or ESP in order to 
detect bag leaks, upset conditions, or control device malfunctions and 
sounds an alarm at a preset level. A PM detector system includes, but is 
not limited to, an instrument that operates on triboelectric, light 
scattering, light transmittance, or other effects to continuously 
monitor relative particulate loadings. A BLDS is a type of PM detector.
    Positive pressure FF or ESP means a FF or ESP with the fan(s) on the 
upstream side of the control device.
    Process stone handling operations means the equipment and transfer 
points between the equipment used to transport processed stone, and 
includes, storage bins, conveying system transfer points, bulk loading 
or unloading systems, screening operations, bucket elevators, and belt 
conveyors.
    Processed stone means limestone or other calcareous material that 
has been processed to a size suitable for feeding into a lime kiln.
    Screening operation means a device for separating material according 
to size by passing undersize material through one or more mesh surfaces 
(screens) in series and retaining oversize material on the mesh surfaces 
(screens).
    Shutdown means the cessation of kiln operation. Shutdown begins when 
feed to the kiln is reduced below planned production quantities and ends 
when stone feed is halted and fuel combustion from the main burner 
ceases.
    Stack emissions means the PM that is released to the atmosphere from 
a capture system or control device.
    Startup means the beginning of kiln operation. Startup begins when a 
shutdown kiln begins firing fuel in the main burner. Startup ends when 
the lime kiln first generates on-specification lime product or 12 hours 
following first discharge from the kiln, whichever is earlier.
    Storage bin means a manmade enclosure for storage (including surge 
bins) of processed stone prior to the lime kiln.
    Transfer point means a point in a conveying operation where the 
material is transferred to or from a belt conveyor.
    Vent means an opening through which there is mechanically induced 
air flow for the purpose of exhausting from a building air carrying PM 
emissions from one or more emission units.

[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44982, July 24, 2020]



        Sec. Table 1 to Subpart AAAAA of Part 63--Emission Limits

    As required in Sec.  63.7090(a), you must meet each emission limit 
in the following table that applies to you, except for kilns and coolers 
during startup and shutdown (See Table 2 for emission limits for kilns 
and coolers during startup and shutdown).

[[Page 88]]



------------------------------------------------------------------------
                                           You must meet the following
               For . . .                          emission limit
------------------------------------------------------------------------
1. Existing lime kilns and their         PM emissions must not exceed
 associated lime coolers that did not     0.12 pounds per ton of stone
 have a wet scrubber installed and        feed (lb/tsf).
 operating prior to January 5, 2004.
2. Existing lime kilns and their         PM emissions must not exceed
 associated lime coolers that have a      0.60 lb/tsf. If at any time
 wet scrubber, where the scrubber         after January 5, 2004 the kiln
 itself was installed and operating       changes to a dry control
 prior to January 5, 2004.                system, then the PM emission
                                          limit in item 1 of this Table
                                          1 applies, and the kiln is
                                          hereafter ineligible for the
                                          PM emission limit in item 2 of
                                          this Table 1 regardless of the
                                          method of PM control.
3. New lime kilns and their associated   PM emissions must not exceed
 lime coolers.                            0.10 lb/tsf.
4. All existing and new lime kilns and   Weighted average PM emissions
 their associated coolers at your LMP,    calculated according to Eq. 2
 and you choose to average PM             in Sec.   63.7112 must not
 emissions, except that any kiln that     exceed 0.12 lb/tsf (if you are
 is allowed to meet the 0.60 lb/tsf PM    averaging only existing kilns)
 emission limit is ineligible for         or 0.10 lb/tsf (if you are
 averaging.                               averaging only new kilns). If
                                          you are averaging existing and
                                          new kilns, your weighted
                                          average PM emissions must not
                                          exceed the weighted average
                                          emission limit calculated
                                          according to Eq. 3 in Sec.
                                          63.7112, except that no new
                                          kiln and its associated cooler
                                          considered alone may exceed an
                                          average PM emissions limit of
                                          0.10 lb/tsf.
5. Stack emissions from all PSH          PM emissions must not exceed
 operations at a new or existing          0.05 grams per dry standard
 affected source.                         cubic meter (g/dscm).
6. Stack emissions from all PSH          Emissions must not exceed 7
 operations at a new or existing          percent opacity.
 affected source, unless the stack
 emissions are discharged through a wet
 scrubber control device.
7. Fugitive emissions from all PSH       Emissions must not exceed 10
 operations at a new or existing          percent opacity.
 affected source, except as provided by
 item 8 of this Table 1.
8. All PSH operations at a new or        All of the individually
 existing affected source enclosed in a   affected PSH operations must
 building.                                comply with the applicable PM
                                          and opacity emission
                                          limitations in items 5 through
                                          7 of this Table 1, or the
                                          building must comply with the
                                          following: There must be no VE
                                          from the building, except from
                                          a vent; and vent emissions
                                          must not exceed the stack
                                          emissions limitations in items
                                          5 and 6 of this Table 1.
9. Each FF that controls emissions from  Emissions must not exceed 7
 only an individual, enclosed storage     percent opacity.
 bin.
10. Each set of multiple storage bins    You must comply with the
 at a new or existing affected source,    emission limits in items 5 and
 with combined stack emissions.           6 of this Table 1.
------------------------------------------------------------------------


[69 FR 416, Jan. 5, 2004, as amended at 85 FR 44982, July 24, 2020]



Sec. Table 2 to Subpart AAAAA of Part 63--Startup and Shutdown Emission 
                      Limits for Kilns and Coolers

    As required in Sec.  63.7090(b), on and after the relevant 
compliance date for your source as specified in Sec.  63.7083(e), you 
must meet each emission limit in the following table that applies to 
you.

   Table 2 to Subpart AAAAA of Part 63--Startup and Shutdown Emission
                      Limits for Kilns and Coolers
------------------------------------------------------------------------
                                                          You have
                                                        demonstrated
                                You must meet the   compliance, if after
          For . . .            following emission       following the
                                      limit         requirements in Sec.
                                                         63.7112 . . .
------------------------------------------------------------------------
1. All new and existing lime  Emissions must not    i. Installed,
 kilns and their associated    exceed 15 percent     maintained,
 coolers equipped with an FF   opacity (based on     calibrated and
 or an ESP during each         startup period        operated a COMS as
 startup.                      block average).       required by 40 CFR
                                                     part 63, subpart A,
                                                     General Provisions
                                                     and according to PS-
                                                     1 of appendix B to
                                                     part 60 of this
                                                     chapter, except as
                                                     specified in Sec.
                                                     63.7113(g)(2);
                                                    ii. Collected the
                                                     COMS data at a
                                                     frequency of at
                                                     least once every 15
                                                     seconds,
                                                     determining block
                                                     averages for each
                                                     startup period and
                                                     demonstrating for
                                                     each startup block
                                                     period the average
                                                     opacity does not
                                                     exceed 15 percent.
2. All existing lime kilns    See item 2.b of       See item 1 of Table
 and their associated          Table 3 of subpart    6 of subpart AAAAA
 coolers that have a wet       AAAAA for emission    for requirements
 scrubber during each          limit.                for demonstrating
 startup.                                            compliance.

[[Page 89]]

 
3. All new and existing lime  Emissions must not    i. Installed,
 kilns and their associated    exceed 15 percent     maintained,
 coolers equipped with an FF   opacity (based on 6-  calibrated and
 or an ESP during shutdown.    minute average        operated a COMS as
                               opacity for any 6-    required by 40 CFR
                               minute block period   part 63, subpart A,
                               does not exceed 15    General Provisions
                               percent).             and according to PS-
                                                     1 of appendix B to
                                                     part 60 of this
                                                     chapter, except as
                                                     specified in Sec.
                                                     63.7113(g)(2);
                                                    ii. Collecting the
                                                     COMS data at a
                                                     frequency of at
                                                     least once every 15
                                                     seconds,
                                                     determining block
                                                     averages for each 6-
                                                     minute period and
                                                     demonstrating for
                                                     each 6-minute block
                                                     period the average
                                                     opacity does not
                                                     exceed 15 percent.
4. All existing lime kilns    See item 2.b of       See item 1 of Table
 and their associated          Table 3 of subpart    6 of subpart AAAAA
 coolers that have a wet       AAAAA for emission    for requirements
 scrubber during shutdown.     limit.                for demonstrating
                                                     compliance.
------------------------------------------------------------------------


[85 FR 44982, July 24, 2020]



       Sec. Table 3 to Subpart AAAAA of Part 63--Operating Limits

    As required in Sec.  63.7090(b), you must meet each operating limit 
in the following table that applies to you, except for kilns and coolers 
during startup and shutdown (See Table 2 for operating limits during 
startup and shutdown).

------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each lime kiln and each lime cooler   Maintain and operate the FF
 (if there is a separate exhaust to the   such that the BLDS or PM
 atmosphere from the associated lime      detector alarm condition does
 cooler) equipped with an FF.             not exist for more than 5
                                          percent of the total operating
                                          time in a 6-month period; and
                                          comply with the requirements
                                          in Sec.   63.7113(d) through
                                          (f) and Table 6 to this
                                          subpart. In lieu of a BLDS or
                                          PM detector maintain the FF
                                          such that the 6-minute average
                                          opacity for any 6-minute block
                                          period does not exceed 15
                                          percent; and comply with the
                                          requirements in Sec.
                                          63.7113(f) and (g) and Table 6
                                          to this subpart.
2. Each lime kiln equipped with a wet    a. Maintain the 3-hour block
 scrubber.                                exhaust gas stream pressure
                                          drop across the wet scrubber
                                          greater than or equal to the
                                          pressure drop operating limit
                                          established during the most
                                          recent PM performance test;
                                          and
                                         b. Maintain the 3-hour block
                                          scrubbing liquid flow rate
                                          greater than the flow rate
                                          operating limit established
                                          during the most recent
                                          performance test.
3. Each lime kiln equipped with an       Install a PM detector and
 electrostatic precipitator.              maintain and operate the ESP
                                          such that the PM detector
                                          alarm is not activated and
                                          alarm condition does not exist
                                          for more than 5 percent of the
                                          total operating time in a 6-
                                          month period, and comply with
                                          Sec.   63.7113(e); or,
                                          maintain the ESP such that the
                                          6-minute average opacity for
                                          any 6-minute block period does
                                          not exceed 15 percent, and
                                          comply with the requirements
                                          in Sec.   63.7113(g); and
                                          comply with the requirements
                                          in Sec.   63.7113(f) and Table
                                          6 to this subpart.
4. Each PSH operation subject to a PM    Maintain the 3-hour block
 limit which uses a wet scrubber.         average exhaust gas stream
                                          pressure drop across the wet
                                          scrubber greater than or equal
                                          to the pressure drop operating
                                          limit established during the
                                          PM performance test; and
                                          maintain the 3-hour block
                                          average scrubbing liquid flow
                                          rate greater than or equal to
                                          the flow rate operating limit
                                          established during the
                                          performance test.
5. All affected sources................  Prepare a written OM&M plan;
                                          the plan must include the
                                          items listed in Sec.
                                          63.7100(d) and the corrective
                                          actions to be taken when
                                          required in Table 6 to this
                                          subpart.
6. Each emission unit equipped with an   a. Vent captured emissions
 add-on air pollution control device.     through a closed system,
                                          except that dilution air may
                                          be added to emission streams
                                          for the purpose of controlling
                                          temperature at the inlet to an
                                          FF; and
                                         b. Operate each capture/
                                          collection system according to
                                          the procedures and
                                          requirements in the OM&M plan.
------------------------------------------------------------------------


[[Page 90]]


[85 FR 44983, July 24, 2020]



   Sec. Table 4 to Subpart AAAAA of Part 63--Initial Compliance With 
                             Emission Limits

    As required in Sec.  63.7114, you must demonstrate initial 
compliance with each emission limitation that applies to you, according 
to the following table.

------------------------------------------------------------------------
                                                           You have
                                                         demonstrated
                                                            initial
                                   For the following    compliance, if
            For . . .             emission limit . .    after following
                                           .           the requirements
                                                       in Sec.   63.7112
                                                             . . .
------------------------------------------------------------------------
1. All new or existing lime       PM emissions must   The kiln outlet PM
 kilns and their associated lime   not exceed 0.12     emissions (and if
 coolers (kilns/coolers).          lb/tsf for all      applicable,
                                   existing kilns/     summed with the
                                   coolers with dry    separate cooler
                                   controls, 0.60 lb/  PM emissions),
                                   tsf for existing    based on the PM
                                   kilns/coolers       emissions
                                   with wet            measured using
                                   scrubbers, 0.10     Method 5 in
                                   lb/tsf for all      appendix A to
                                   new kilns/          part 60 of this
                                   coolers, or a       chapter and the
                                   weighted average    stone feed rate
                                   calculated          measurement over
                                   according to Eq.    the period of
                                   3 in Sec.           initial
                                   63.7112.            performance test,
                                                       do not exceed the
                                                       emission limit;
                                                       if the lime kiln
                                                       is controlled by
                                                       an FF or ESP and
                                                       you are opting to
                                                       monitor PM
                                                       emissions with a
                                                       BLDS or PM
                                                       detector, you
                                                       have installed
                                                       and are operating
                                                       the monitoring
                                                       device according
                                                       to the
                                                       requirements in
                                                       Sec.   63.7113(d)
                                                       or (e),
                                                       respectively; and
                                                       if the lime kiln
                                                       is controlled by
                                                       an FF or ESP and
                                                       you are opting to
                                                       monitor PM
                                                       emissions using a
                                                       COMS, you have
                                                       installed and are
                                                       operating the
                                                       COMS according to
                                                       the requirements
                                                       in Sec.
                                                       63.7113(g).
2. Stack emissions from all PHS   PM emissions must   The outlet PM
 operations at a new or existing   not exceed 0.05 g/  emissions, based
 affected source.                  dscm.               on Method 5 or
                                                       Method 17 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, over the
                                                       period of the
                                                       initial
                                                       performance test
                                                       do not exceed
                                                       0.05 g/dscm; and
                                                       if the emission
                                                       unit is
                                                       controlled with a
                                                       wet scrubber, you
                                                       have a record of
                                                       the scrubber's
                                                       pressure drop and
                                                       liquid flow rate
                                                       operating
                                                       parameters over
                                                       the 3-hour
                                                       performance test
                                                       during which
                                                       emissions did not
                                                       exceed the
                                                       emissions
                                                       limitation.
3. Stack emissions from all PSH   Emissions must not  Each of the thirty
 operations at a new or existing   exceed 7 percent    6-minute opacity
 affected source, unless the       opacity.            averages during
 stack emissions are discharged                        the initial
 through a wet scrubber control                        compliance
 device.                                               period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 7
                                                       percent opacity
                                                       limit. At least
                                                       thirty 6-minute
                                                       averages must be
                                                       obtained.
4. Fugitive emissions from all    Emissions must not  Each of the 6-
 PSH operations at a new or        exceed 10 percent   minute opacity
 existing affected source.         opacity.            averages during
                                                       the initial
                                                       compliance
                                                       period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 10
                                                       percent opacity
                                                       limit.
5. All PSH operations at a new    All of the          All the PSH
 or existing affected source,      individually        operations
 enclosed in building.             affected PSH        enclosed in the
                                   operations must     building have
                                   comply with the     demonstrated
                                   applicable PM and   initial
                                   opacity emission    compliance
                                   limitations for     according to the
                                   items 2 through 4   applicable
                                   of this Table 4,    requirements for
                                   or the building     items 2 through 4
                                   must comply with    of this Table 4;
                                   the following:      or if you are
                                   There must be no    complying with
                                   VE from the         the building
                                   building, except    emission
                                   from a vent, and    limitations,
                                   vent emissions      there are no VE
                                   must not exceed     from the building
                                   the emission        according to item
                                   limitations in      18 of Table 5 to
                                   items 2 and 3 of    this subpart and
                                   this Table 4.       Sec.
                                                       63.7112(k), and
                                                       you demonstrate
                                                       initial
                                                       compliance with
                                                       applicable
                                                       building vent
                                                       emissions
                                                       limitations
                                                       according to the
                                                       requirements in
                                                       items 2 and 3 of
                                                       this Table 4.
6. Each FF that controls          Emissions must not  Each of the ten 6-
 emissions from only an            exceed 7 percent    minute averages
 individual storage bin.           opacity.            during the 1-hour
                                                       initial
                                                       compliance
                                                       period, using
                                                       Method 9 in
                                                       appendix A to
                                                       part 60 of this
                                                       chapter, does not
                                                       exceed the 7
                                                       percent opacity
                                                       limit.

[[Page 91]]

 
7. Each set of multiple storage   You must comply     You demonstrate
 bins with combined stack          with emission       initial
 emissions.                        limitations in      compliance
                                   items 2 and 3 of    according to the
                                   this Table 4.       requirements in
                                                       items 2 and 3 of
                                                       this Table 4.
------------------------------------------------------------------------


[85 FR 44983, July 24, 2020]



 Sec. Table 5 to Subpart AAAAA of Part 63--Requirements for Performance 
                                  Tests

    As required in Sec.  63.7112, you must conduct each performance test 
in the following table that applies to you.

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Each lime kiln and each associated  Select the location of   Method 1 or 1A of        Sampling sites must be
 lime cooler, if there is a separate    the sampling port and    appendix A to part 60    located at the outlet
 exhaust to the atmosphere from the     the number of traverse   of this chapter; and     of the control
 associated lime cooler.                ports.                   Sec.   63.6(d)(1)(i).    device(s) and prior to
                                                                                          any releases to the
                                                                                          atmosphere.
2. Each lime kiln and each associated  Determine velocity and   Method 2, 2A, 2C, 2D,    Not applicable.
 lime cooler, if there is a separate    volumetric flow rate.    2F, or 2G in appendix
 exhaust to the atmosphere from the                              A to part 60 of this
 associated lime cooler.                                         chapter.
3. Each lime kiln and each associated  Conduct gas molecular    Method 3, 3A, or 3B in   You may use ASME PTC
 lime cooler, if there is a separate    weight analysis.         appendix A to part 60    19.10-1981--Part 10
 exhaust to the atmosphere from the                              of this chapter.         (available for
 associated lime cooler.                                                                  purchase from Three
                                                                                          Park Avenue, New York,
                                                                                          NY 10016-5990) as an
                                                                                          alternative to using
                                                                                          the manual procedures
                                                                                          (but not instrumental
                                                                                          procedures) in Method
                                                                                          3B.
4. Each lime kiln and each associated  Measure moisture         Method 4 in appendix A   Not applicable.
 lime cooler, if there is a separate    content of the stack     to part 60 of this
 exhaust to the atmosphere from the     gas.                     chapter.
 associated lime cooler.
5. Each lime kiln and each associated  Measure PM emissions...  Method 5 in appendix A   Conduct the test(s)
 lime cooler, if there is a separate                             to part 60 of this       when the source is
 exhaust to the atmosphere from the                              chapter.                 operating at
 associated lime cooler, and which                                                        representative
 uses a negative pressure PM control                                                      operating conditions
 device.                                                                                  in accordance with
                                                                                          Sec.   63.7(e) before
                                                                                          the relevant
                                                                                          compliance date for
                                                                                          your source as
                                                                                          specified in Sec.
                                                                                          63.7083(e) and Sec.
                                                                                          63.7112(b) on and
                                                                                          after the relevant
                                                                                          compliance date for
                                                                                          your source as
                                                                                          specified in Sec.
                                                                                          63.7083(e); the
                                                                                          minimum sampling
                                                                                          volume must be 0.85
                                                                                          dry standard cubic
                                                                                          meter (dscm) (30 dry
                                                                                          standard cubic foot
                                                                                          (dscf)); if there is a
                                                                                          separate lime cooler
                                                                                          exhaust to the
                                                                                          atmosphere, you must
                                                                                          conduct the Method 5
                                                                                          test of the cooler
                                                                                          exhaust concurrently
                                                                                          with the kiln exhaust
                                                                                          test.

[[Page 92]]

 
6. Each lime kiln and each associated  Measure PM emissions...  Method 5D in appendix A  Conduct the test(s)
 lime cooler, if there is a separate                             to part 60 of this       when the source is
 exhaust to the atmosphere from the                              chapter.                 operating at
 associated lime cooler, and which                                                        representative
 uses a positive pressure FF or ESP.                                                      operating conditions
                                                                                          in accordance with
                                                                                          Sec.   63.7(e) before
                                                                                          the relevant
                                                                                          compliance date for
                                                                                          your source as
                                                                                          specified in Sec.
                                                                                          63.7083(e) and Sec.
                                                                                          63.7112(b) on and
                                                                                          after the relevant
                                                                                          compliance date for
                                                                                          your source as
                                                                                          specified in Sec.
                                                                                          63.7083(e); if there
                                                                                          is a separate lime
                                                                                          cooler exhaust to the
                                                                                          atmosphere, you must
                                                                                          conduct the Method 5
                                                                                          test of the separate
                                                                                          cooler exhaust
                                                                                          concurrently with the
                                                                                          kiln exhaust test.
7. Each lime kiln....................  Determine the mass rate  Any suitable device....  Calibrate and maintain
                                        of stone feed to the                              the device according
                                        kiln during the kiln                              to manufacturer's
                                        PM emissions test.                                instructions; the
                                                                                          measuring device used
                                                                                          must be accurate to
                                                                                          within 5 percent of
                                                                                          the mass rate of stone
                                                                                          feed over its
                                                                                          operating range.
8. Each lime kiln equipped with a wet  Establish the operating  Data for the gas stream  The continuous pressure
 scrubber.                              limit for the average    pressure drop            drop measurement
                                        gas stream pressure      measurement device       device must be
                                        drop across the wet      during the kiln PM       accurate within plus
                                        scrubber.                performance test.        or minus 1 percent;
                                                                                          you must collect the
                                                                                          pressure drop data
                                                                                          during the period of
                                                                                          the performance test
                                                                                          and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
9. Each lime kiln equipped with a wet  Establish the operating  Data from the liquid     The continuous
 scrubber.                              limit for the average    flow rate measurement    scrubbing liquid flow
                                        liquid flow rate to      device during the kiln   rate measuring device
                                        the scrubber.            PM performance test.     must be accurate
                                                                                          within plus or minus 1
                                                                                          percent; you must
                                                                                          collect the flow rate
                                                                                          data during the period
                                                                                          of the performance
                                                                                          test and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
10. Each lime kiln equipped with a FF  Have installed and have  Standard operating       According to the
 or ESP that is monitored with a PM     operating the BLDS or    procedures               requirements in Sec.
 detector.                              PM detector prior to     incorporated into the    63.7113(d) or (e),
                                        the performance test.    OM&M plan.               respectively.
11. Each lime kiln equipped with a FF  Have installed and have  Standard operating       According to the
 or ESP that is monitored with a COMS.  operating the COMS       procedures               requirements in Sec.
                                        prior to the             incorporated into the    63.7113(g).
                                        performance test.        OM&M plan and as
                                                                 required by 40 CFR
                                                                 part 63, subpart A,
                                                                 General Provisions and
                                                                 according to PS-1 of
                                                                 appendix B to part 60
                                                                 of this chapter,
                                                                 except as specified in
                                                                 Sec.   63.7113(g)(2).

[[Page 93]]

 
12. Each stack emission from a PSH     Measure PM emissions...  Method 5 or Method 17    The sample volume must
 operation, vent from a building                                 in appendix A to part    be at least 1.70 dscm
 enclosing a PSH operation, or set of                            60 of this chapter.      (60 dscf); for Method
 multiple storage bins with combined                                                      5, if the gas stream
 stack emissions, which is subject to                                                     being sampled is at
 a PM emission limit.                                                                     ambient temperature,
                                                                                          the sampling probe and
                                                                                          filter may be operated
                                                                                          without heaters; and
                                                                                          if the gas stream is
                                                                                          above ambient
                                                                                          temperature, the
                                                                                          sampling probe and
                                                                                          filter may be operated
                                                                                          at a temperature high
                                                                                          enough, but no higher
                                                                                          than 121 [deg]C (250
                                                                                          [deg]F), to prevent
                                                                                          water condensation on
                                                                                          the filter (Method 17
                                                                                          may be used only with
                                                                                          exhaust gas
                                                                                          temperatures of not
                                                                                          more than 250 [deg]F).
13. Each stack emission from a PSH     Conduct opacity          Method 9 in appendix A   The test duration must
 operation, vent from a building        observations.            to part 60 of this       be for at least 3
 enclosing a PSH operation, or set of                            chapter.                 hours and you must
 multiple storage bins with combined                                                      obtain at least
 stack emissions, which is subject to                                                     thirty, 6-minute
 an opacity limit.                                                                        averages.
14. Each stack emissions source from   Establish the average    Data for the gas stream  The pressure drop
 a PSH operation subject to a PM or     gas stream pressure      pressure drop            measurement device
 opacity limit, which uses a wet        drop across the wet      measurement device       must be accurate
 scrubber.                              scrubber.                during the PSH           within plus or minus 1
                                                                 operation stack PM       percent; you must
                                                                 performance test.        collect the pressure
                                                                                          drop data during the
                                                                                          period of the
                                                                                          performance test and
                                                                                          determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
15. Each stack emissions source from   Establish the operating  Data from the liquid     The continuous
 a PSH operation subject to a PM or     limit for the average    flow rate measurement    scrubbing liquid flow
 opacity limit, which uses a wet        liquid flow rate to      device during the PSH    rate measuring device
 scrubber.                              the scrubber.            operation stack PM       must be accurate
                                                                 performance test.        within plus or minus 1
                                                                                          percent; you must
                                                                                          collect the flow rate
                                                                                          data during the period
                                                                                          of the performance
                                                                                          test and determine the
                                                                                          operating limit
                                                                                          according to Sec.
                                                                                          63.7112(j).
16. Each FF that controls emissions    Conduct opacity          Method 9 in appendix A   The test duration must
 from only an individual, enclosed,     observations.            to part 60 of this       be for at least 1 hour
 new or existing storage bin.                                    chapter.                 and you must obtain
                                                                                          ten 6-minute averages.
17. Fugitive emissions from any PSH    Conduct opacity          Method 9 in appendix A   The test duration must
 operation subject to an opacity        observations.            to part 60 of this       be for at least 3
 limit.                                                          chapter.                 hours, but the 3-hour
                                                                                          test may be reduced to
                                                                                          1 hour if, during the
                                                                                          first 1-hour period,
                                                                                          there are no
                                                                                          individual readings
                                                                                          greater than 10
                                                                                          percent opacity and
                                                                                          there are no more than
                                                                                          three readings of 10
                                                                                          percent during the
                                                                                          first 1-hour period.
18. Each building enclosing any PSH    Conduct VE check.......  The specifications in    The performance test
 operation, that is subject to a VE                              Sec.   63.7112(k).       must be conducted
 limit.                                                                                   while all affected PSH
                                                                                          operations within the
                                                                                          building are
                                                                                          operating; the
                                                                                          performance test for
                                                                                          each affected building
                                                                                          must be at least 75
                                                                                          minutes, with each
                                                                                          side of the building
                                                                                          and roof being
                                                                                          observed for at least
                                                                                          15 minutes.
----------------------------------------------------------------------------------------------------------------


[85 FR 44984, July 24, 2020]

[[Page 94]]



  Sec. Table 6 to Subpart AAAAA of Part 63--Continuous Compliance With 
                            Operating Limits

    As required in Sec.  63.7121, you must demonstrate continuous 
compliance with each operating limit listed in Table 3 to subpart AAAAA 
that applies to you, according to the following table:

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .              operating limit .      continuous
                                          . .          compliance by . .
                                                               .
------------------------------------------------------------------------
1. Each lime kiln controlled by   Maintain the 3-     Collecting the wet
 a wet scrubber.                   hour block          scrubber
                                   average exhaust     operating data
                                   gas stream          according to all
                                   pressure drop       applicable
                                   across the wet      requirements in
                                   scrubber greater    Sec.   63.7113
                                   than or equal to    and reducing the
                                   the pressure drop   data according to
                                   operating limit     Sec.
                                   established         63.7113(a);
                                   during the PM       maintaining the 3-
                                   performance test;   hour block
                                   and maintain the    average exhaust
                                   3-hour block        gas stream
                                   average scrubbing   pressure drop
                                   liquid flow rate    across the wet
                                   greater than or     scrubber greater
                                   equal to the flow   than or equal to
                                   rate operating      the pressure drop
                                   limit established   operating limit
                                   during the          established
                                   performance test.   during the PM
                                                       performance test;
                                                       and maintaining
                                                       the 3-hour block
                                                       average scrubbing
                                                       liquid flow rate
                                                       greater than or
                                                       equal to the flow
                                                       rate operating
                                                       limit established
                                                       during the
                                                       performance test
                                                       (the continuous
                                                       scrubbing liquid
                                                       flow rate
                                                       measuring device
                                                       must be accurate
                                                       within 1
                                                       % and the
                                                       continuous
                                                       pressure drop
                                                       measurement
                                                       device must be
                                                       accurate within
                                                       1%).
2. Each lime kiln or lime cooler  a. Maintain and     (i) Operating the
 equipped with a FF and using a    operate the FF or   FF or ESP so that
 BLDS, and each lime kiln          ESP such that the   the alarm on the
 equipped with an ESP or FF        bag leak or PM      bag leak or PM
 using a PM detector.              detector alarm,     detection system
                                   is not activated    is not activated
                                   and alarm           and an alarm
                                   condition does      condition does
                                   not exist for       not exist for
                                   more than 5         more than 5
                                   percent of the      percent of the
                                   total operating     total operating
                                   time in each 6-     time in each 6-
                                   month period.       month reporting
                                                       period; and
                                                       continuously
                                                       recording the
                                                       output from the
                                                       BLD or PM
                                                       detection system;
                                                       and
                                                      (ii) Each time the
                                                       alarm sounds and
                                                       the owner or
                                                       operator
                                                       initiates
                                                       corrective
                                                       actions within 1
                                                       hour of the
                                                       alarm, 1 hour of
                                                       alarm time will
                                                       be counted (if
                                                       the owner or
                                                       operator takes
                                                       longer than 1
                                                       hour to initiate
                                                       corrective
                                                       actions, alarm
                                                       time will be
                                                       counted as the
                                                       actual amount of
                                                       time taken by the
                                                       owner or operator
                                                       to initiate
                                                       corrective
                                                       actions); if
                                                       inspection of the
                                                       FF or ESP system
                                                       demonstrates that
                                                       no corrective
                                                       actions are
                                                       necessary, no
                                                       alarm time will
                                                       be counted.
3. Each stack emissions source    Maintain the 3-     Collecting the wet
 from a PSH operation subject to   hour block          scrubber
 an opacity limit, which is        average exhaust     operating data
 controlled by a wet scrubber.     gas stream          according to all
                                   pressure drop       applicable
                                   across the wet      requirements in
                                   scrubber greater    Sec.   63.7113
                                   than or equal to    and reducing the
                                   the pressure drop   data according to
                                   operating limit     Sec.
                                   established         63.7113(a);
                                   during the PM       maintaining the 3-
                                   performance test;   hour block
                                   and maintain the    average exhaust
                                   3-hour block        gas stream
                                   average scrubbing   pressure drop
                                   liquid flow rate    across the wet
                                   greater than or     scrubber greater
                                   equal to the flow   than or equal to
                                   rate operating      the pressure drop
                                   limit established   operating limit
                                   during the          established
                                   performance test.   during the PM
                                                       performance test;
                                                       and maintaining
                                                       the 3-hour block
                                                       average scrubbing
                                                       liquid flow rate
                                                       greater than or
                                                       equal to the flow
                                                       rate operating
                                                       limit established
                                                       during the
                                                       performance test
                                                       (the continuous
                                                       scrubbing liquid
                                                       flow rate
                                                       measuring device
                                                       must be accurate
                                                       within 1
                                                       % and the
                                                       continuous
                                                       pressure drop
                                                       measurement
                                                       device must be
                                                       accurate within
                                                       1%).

[[Page 95]]

 
4. For each lime kiln or lime     a. Maintain and     i. Installing,
 cooler equipped with a FF or an   operate the FF or   maintaining,
 ESP that uses a COMS as the       ESP such that the   calibrating and
 monitoring device.                average opacity     operating a COMS
                                   for any 6-minute    as required by 40
                                   block period does   CFR part 63,
                                   not exceed 15       subpart A,
                                   percent.            General
                                                       Provisions and
                                                       according to PS-1
                                                       of appendix B to
                                                       part 60 of this
                                                       chapter, except
                                                       as specified in
                                                       Sec.
                                                       63.7113(g)(2);
                                                       and
                                                      ii. Collecting the
                                                       COMS data at a
                                                       frequency of at
                                                       least once every
                                                       15 seconds,
                                                       determining block
                                                       averages for each
                                                       6-minute period
                                                       and demonstrating
                                                       for each 6-minute
                                                       block period the
                                                       average opacity
                                                       does not exceed
                                                       15 percent.
------------------------------------------------------------------------


[69 FR 416, Jan. 5, 2004. Redesignated and amended at 85 FR 44982, 
44986, July 24, 2020]



   Sec. Table 7 to Subpart AAAAA of Part 63--Periodic Monitoring for 
          Compliance With Opacity and Visible Emissions Limits

    As required in Sec.  63.7121 you must periodically demonstrate 
compliance with each opacity and VE limit that applies to you, according 
to the following table:

------------------------------------------------------------------------
                                                           You must
                                   For the following      demonstrate
            For . . .                  emission       ongoing compliance
                                   limitation . . .          . . .
------------------------------------------------------------------------
1. Each PSH operation subject to  a. 7-10 percent     (i) Conducting a
 an opacity limitation as          opacity,            monthly 1-minute
 required in Table 1 to this       depending on the    VE check of each
 subpart, or any vents from        PSH operation, as   emission unit in
 buildings subject to an opacity   required in Table   accordance with
 limitation.                       1 to this subpart.  Sec.
                                                       63.7121(e); the
                                                       check must be
                                                       conducted while
                                                       the affected
                                                       source is in
                                                       operation;
                                                      (ii) If no VE are
                                                       observed in 6
                                                       consecutive
                                                       monthly checks
                                                       for any emission
                                                       unit, you may
                                                       decrease the
                                                       frequency of VE
                                                       checking from
                                                       monthly to semi-
                                                       annually for that
                                                       emission unit; if
                                                       VE are observed
                                                       during any
                                                       semiannual check,
                                                       you must resume
                                                       VE checking of
                                                       that emission
                                                       unit on a monthly
                                                       basis and
                                                       maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                      (iii) If no VE are
                                                       observed during
                                                       the semiannual
                                                       check for any
                                                       emission unit,
                                                       you may decrease
                                                       the frequency of
                                                       VE checking from
                                                       semi-annually to
                                                       annually for that
                                                       emission unit; if
                                                       VE are observed
                                                       during any annual
                                                       check, you must
                                                       resume VE
                                                       checking of that
                                                       emission unit on
                                                       a monthly basis
                                                       and maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                       and
                                                      (iv) If VE are
                                                       observed during
                                                       any VE check, you
                                                       must conduct a 6-
                                                       minute test of
                                                       opacity in
                                                       accordance with
                                                       Method 9 of
                                                       appendix A to
                                                       part 60 of this
                                                       chapter; you must
                                                       begin the Method
                                                       9 test within 1
                                                       hour of any
                                                       observation of VE
                                                       and the 6-minute
                                                       opacity reading
                                                       must not exceed
                                                       the applicable
                                                       opacity limit.
2. Any building subject to a VE   a. No VE..........  (i) Conducting a
 limit, according to item 8 of                         monthly VE check
 Table 1 to this subpart.                              of the building,
                                                       in accordance
                                                       with the
                                                       specifications in
                                                       Sec.
                                                       63.7112(k); the
                                                       check must be
                                                       conducted while
                                                       all the enclosed
                                                       PSH operations
                                                       are operating;
                                                      (ii) The check for
                                                       each affected
                                                       building must be
                                                       at least 5
                                                       minutes, with
                                                       each side of the
                                                       building and roof
                                                       being observed
                                                       for at least 1
                                                       minute;

[[Page 96]]

 
                                                      (iii) If no VE are
                                                       observed in 6
                                                       consecutive
                                                       monthly checks of
                                                       the building, you
                                                       may decrease the
                                                       frequency of
                                                       checking from
                                                       monthly to semi-
                                                       annually for that
                                                       affected source;
                                                       if VE are
                                                       observed during
                                                       any semi-annual
                                                       check, you must
                                                       resume checking
                                                       on a monthly
                                                       basis and
                                                       maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks;
                                                       and
                                                      (iv) If no VE are
                                                       observed during
                                                       the semi-annual
                                                       check, you may
                                                       decrease the
                                                       frequency of
                                                       checking from
                                                       semi-annually to
                                                       annually for that
                                                       affected source;
                                                       and if VE are
                                                       observed during
                                                       any annual check,
                                                       you must resume
                                                       checking of that
                                                       emission unit on
                                                       a monthly basis
                                                       and maintain that
                                                       schedule until no
                                                       VE are observed
                                                       in 6 consecutive
                                                       monthly checks
                                                       (the source is in
                                                       compliance if no
                                                       VE are observed
                                                       during any of
                                                       these checks).
------------------------------------------------------------------------


[85 FR 44986, July 24, 2020]



   Sec. Table 8 to Subpart AAAAA of Part 63--Requirements for Reports

    As required in Sec.  63.7131, you must submit each report in this 
table that applies to you.

------------------------------------------------------------------------
                                    The report must     You must submit
     You must submit a . . .         contain . . .     the report . . .
------------------------------------------------------------------------
1. Compliance report............  a. If there are no  Semiannually
                                   deviations from     according to the
                                   any emission        requirements in
                                   limitations         Sec.
                                   (emission limit,    63.7131(b).
                                   operating limit,
                                   opacity limit,
                                   and VE limit)
                                   that applies to
                                   you, a statement
                                   that there were
                                   no deviations
                                   from the emission
                                   limitations
                                   during the
                                   reporting period;
                                  b. If there were    Semiannually
                                   no periods during   according to the
                                   which the CMS,      requirements in
                                   including any       Sec.
                                   operating           63.7131(b).
                                   parameter
                                   monitoring
                                   system, was out-
                                   of-control as
                                   specified in Sec.
                                     63.8(c)(7), a
                                   statement that
                                   there were no
                                   periods during
                                   which the CMS was
                                   out-of-control
                                   during the
                                   reporting period;
                                  c. If you have a    Semiannually
                                   deviation from      according to the
                                   any emission        requirements in
                                   limitation          Sec.
                                   (emission limit,    63.7131(b).
                                   operating limit,
                                   opacity limit,
                                   and VE limit)
                                   during the
                                   reporting period,
                                   the report must
                                   contain the
                                   information in
                                   Sec.
                                   63.7131(d);
                                  d. If there were    Semiannually
                                   periods during      according to the
                                   which the CMS,      requirements in
                                   including any       Sec.
                                   operating           63.7131(b).
                                   parameter
                                   monitoring
                                   system, was out-
                                   of-control, as
                                   specified in Sec.
                                     63.8(c)(7), the
                                   report must
                                   contain the
                                   information in
                                   Sec.
                                   63.7131(e); and

[[Page 97]]

 
                                  e. Before the       Semiannually
                                   relevant            according to the
                                   compliance date     requirements in
                                   for your source     Sec.
                                   as specified in     63.7131(b).
                                   Sec.
                                   63.7083(e), if
                                   you had a
                                   startup, shutdown
                                   or malfunction
                                   during the
                                   reporting period
                                   and you took
                                   actions
                                   consistent with
                                   your SSMP, the
                                   compliance report
                                   must include the
                                   information in
                                   Sec.
                                   63.10(d)(5)(i).
                                   On and after the
                                   relevant
                                   compliance date
                                   for your source
                                   as specified in
                                   Sec.
                                   63.7083(e), if
                                   you had a
                                   startup, shutdown
                                   or malfunction
                                   during the
                                   reporting period
                                   and you failed to
                                   meet an
                                   applicable
                                   standard, the
                                   compliance report
                                   must include the
                                   information in
                                   Sec.
                                   63.7131(c)(3).
2. Before the relevant            Actions taken for   By fax or
 compliance date for your source   the event.          telephone within
 as specified in Sec.                                  2 working days
 63.7083(e), an immediate                              after starting
 startup, shutdown, and                                actions
 malfunction report if you had a                       inconsistent with
 startup, shutdown, or                                 the SSMP.
 malfunction during the
 reporting period that is not
 consistent with your SSMP.
3. Before the relevant            The information in  By letter within 7
 compliance date for your source   Sec.                working days
 as specified in Sec.              63.10(d)(5)(ii).    after the end of
 63.7083(e), an immediate                              the event unless
 startup, shutdown, and                                you have made
 malfunction report if you had a                       alternative
 startup, shutdown, or                                 arrangements with
 malfunction during the                                the permitting
 reporting period that is not                          authority. See
 consistent with your SSMP.                            Sec.
                                                       63.10(d)(5)(ii).
(4) Performance Test Report.....  The information     According to the
                                   required in Sec.    requirements of
                                    63.7(g).           Sec.   63.7131.
------------------------------------------------------------------------


[85 FR 44987, July 24, 2020]



   Sec. Table 9 to Subpart AAAAA of Part 63--Applicability of General 
                       Provisions to Subpart AAAAA

    As required in Sec.  63.7140, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
                                         Summary of             Am I subject to this
             Citation                    requirement                requirement?                Explanations
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(4).............  Applicability.......  Yes.............................
Sec.   63.1(a)(5).................  ....................  No..............................
Sec.   63.1(a)(6).................  Applicability.......  Yes.............................
Sec.   63.1(a)(7)-(a)(9)..........  ....................  No..............................
Sec.   63.1(a)(10)-(a)(14)........  Applicability.......  Yes.............................
Sec.   63.1(b)(1).................  Initial               Yes.............................  Sec.  Sec.   63.7081
                                     Applicability                                           and 63.7142 specify
                                     Determination.                                          additional
                                                                                             applicability
                                                                                             determination
                                                                                             requirements.
Sec.   63.1(b)(2).................  ....................  No..............................
Sec.   63.1(b)(3).................  Initial               Yes.............................
                                     Applicability
                                     Determination.
Sec.   63.1(c)(1).................  Applicability After   Yes.............................
                                     Standard
                                     Established.
Sec.   63.1(c)(2).................  Permit Requirements.  No..............................  Area sources not
                                                                                             subject to subpart
                                                                                             AAAAA, except all
                                                                                             sources must make
                                                                                             initial
                                                                                             applicability
                                                                                             determination.
Sec.   63.1(c)(3)-(4).............  ....................  No..............................
Sec.   63.1(c)(5).................  Area Source Becomes   Yes.............................
                                     Major.
Sec.   63.1(c)(6).................  Reclassification....  Yes.............................
Sec.   63.1(d)....................  ....................  No..............................
Sec.   63.1(e)....................  Applicability of      Yes.............................
                                     Permit Program.
Sec.   63.2.......................  Definitions.........  Yes.............................  Additional
                                                                                             definitions in Sec.
                                                                                               63.7143.
Sec.   63.3(a)-(c)................  Units and             Yes.............................
                                     Abbreviations.
Sec.   63.4(a)(1)-(a)(2)..........  Prohibited            Yes.............................
                                     Activities.

[[Page 98]]

 
Sec.   63.4(a)(3)-(a)(5)..........  ....................  No..............................
Sec.   63.4(b)-(c)................  Circumvention,        Yes.............................
                                     Severability.
Sec.   63.5(a)(1)-(2).............  Construction/         Yes.............................
                                     Reconstruction.
Sec.   63.5(b)(1).................  Compliance Dates....  Yes.............................
Sec.   63.5(b)(2).................  ....................  No..............................
Sec.   63.5(b)(3)-(4).............  Construction          Yes.............................
                                     Approval,
                                     Applicability.
Sec.   63.5(b)(5).................  ....................  No..............................
Sec.   63.5(b)(6).................  Applicability.......  Yes.............................
Sec.   63.5(c)....................  ....................  No..............................
Sec.   63.5(d)(1)-(4).............  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.   63.5(e)....................  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.   63.5(f)(1)-(2).............  Approval of           Yes.............................
                                     Construction/
                                     Reconstruction.
Sec.   63.6(a)....................  Compliance for        Yes.............................
                                     Standards and
                                     Maintenance.
Sec.   63.6(b)(1)-(5).............  Compliance Dates....  Yes.............................
Sec.   63.6(b)(6).................  ....................  No..............................
Sec.   63.6(b)(7).................  Compliance Dates....  Yes.............................
Sec.   63.6(c)(1)-(2).............  Compliance Dates....  Yes.............................
Sec.   63.6(c)(3)-(c)(4)..........  ....................  No..............................
Sec.   63.6(c)(5).................  Compliance Dates....  Yes.............................
Sec.   63.6(d)....................  ....................  No..............................
Sec.   63.6(e)(1)(i)..............  General Duty to       Yes before the relevant           On and after the
                                     Minimize Emissions.   compliance date for your source   relevant compliance
                                                           as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), see
                                                           as specified in Sec.              Sec.   63.7100 for
                                                           63.7083(e).                       general duty
                                                                                             requirement.
Sec.   63.6(e)(1)(ii).............  Requirement to        Yes before the relevant
                                     Correct               compliance date for your source
                                     Malfunctions ASAP.    as specified in Sec.
                                                           63.7083(e).
                                                          No on and after the relevant
                                                           compliance date for your source
                                                           as specified in Sec.
                                                           63.7083(e).
Sec.   63.6(e)(1)(iii)............  Operation and         Yes.............................
                                     Maintenance
                                     Requirements.
Sec.   63.6(e)(2).................  ....................  No..............................  [Reserved].
Sec.   63.6(e)(3).................  Startup, Shutdown     Yes before the relevant           On and after the
                                     Malfunction Plan.     compliance date for your source   relevant compliance
                                                           as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), the
                                                           as specified in Sec.              OM&M plan must
                                                           63.7083(e).                       address periods of
                                                                                             startup and
                                                                                             shutdown. See Sec.
                                                                                              63.7100(d).
Sec.   63.6(f)(1).................  SSM exemption.......  No..............................  See Sec.   63.7100.
                                                                                             For periods of
                                                                                             startup and
                                                                                             shutdown, see Sec.
                                                                                              63.7090(c).
Sec.   63.6(f)(2)-(3).............  Methods for           Yes.............................
                                     Determining
                                     Compliance.
Sec.   63.6(g)(1)-(g)(3)..........  Alternative Standard  Yes.............................
Sec.   63.6(h)(1).................  SSM exemption.......  No..............................  See Sec.   63.7100.
                                                                                             For periods of
                                                                                             startup and
                                                                                             shutdown, see Sec.
                                                                                              63.7090(c).
Sec.   63.6(h)(2).................  Methods for           Yes.............................
                                     Determining
                                     Compliance.
Sec.   63.6(h)(3).................  ....................  No..............................
Sec.   63.6(h)(4)-(h)(5)(i).......  Opacity/VE Standards  Yes.............................  This requirement
                                                                                             only applies to
                                                                                             opacity and VE
                                                                                             performance checks
                                                                                             required in Table 4
                                                                                             to subpart AAAAA.
Sec.   63.6(h)(5) (ii)-(iii)......  Opacity/VE Standards  No..............................  Test durations are
                                                                                             specified in
                                                                                             subpart AAAAA;
                                                                                             subpart AAAAA takes
                                                                                             precedence.
Sec.   63.6(h)(5)(iv).............  Opacity/VE Standards  No..............................
Sec.   63.6(h)(5)(v)..............  Opacity/VE Standards  Yes.............................
Sec.   63.6(h)(6).................  Opacity/VE Standards  Yes.............................
Sec.   63.6(h)(7).................  COM Use.............  Yes.............................

[[Page 99]]

 
Sec.   63.6(h)(8).................  Compliance with       Yes.............................
                                     Opacity and VE.
Sec.   63.6(h)(9).................  Adjustment of         Yes.............................
                                     Opacity Limit.
Sec.   63.6(i)(1)-(i)(14).........  Extension of          Yes.............................
                                     Compliance.
Sec.   63.6(i)(15)................  ....................  No..............................
Sec.   63.6(i)(16)................  Extension of          Yes.............................
                                     Compliance.
Sec.   63.6(j)....................  Exemption from        Yes.............................
                                     Compliance.
Sec.   63.7(a)(1)-(a)(3)..........  Performance Testing   Yes.............................  Sec.   63.7110
                                     Requirements.                                           specifies
                                                                                             deadlines; Sec.
                                                                                             63.7112 has
                                                                                             additional specific
                                                                                             requirements.
Sec.   63.7(b)....................  Notification........  Yes.............................
Sec.   63.7(c)....................  Quality Assurance/    Yes.............................
                                     Test Plan.
Sec.   63.7(d)....................  Testing Facilities..  Yes.............................
Sec.   63.7(e)(1).................  Conduct of Tests....  Yes before the relevant           On and after the
                                                           compliance date for your source   relevant compliance
                                                           as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), see
                                                           as specified in Sec.              Sec.   63.7112(b).
                                                           63.7083(e).
Sec.   63.7(e)(2)-(4).............  Conduct of Tests....  Yes.............................
Sec.   63.7(f)....................  Alternative Test      Yes.............................
                                     Method.
Sec.   63.7(g)....................  Data Analysis.......  Yes.............................
Sec.   63.7(h)....................  Waiver of Tests.....  Yes.............................
Sec.   63.8(a)(1).................  Monitoring            Yes.............................  See Sec.   63.7113.
                                     Requirements.
Sec.   63.8(a)(2).................  Monitoring..........  Yes.............................
Sec.   63.8(a)(3).................  ....................  No..............................
Sec.   63.8(a)(4).................  Monitoring..........  No..............................  Flares not
                                                                                             applicable.
Sec.   63.8(b)(1)-(3).............  Conduct of            Yes.............................
                                     Monitoring.
Sec.   63.8(c)(1)(i)..............  CMS Operation/        Yes before the relevant           On and after the
                                     Maintenance.          compliance date for your source   relevant compliance
                                                           as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), see
                                                           as specified in Sec.              Sec.   63.7100 for
                                                           63.7083(e).                       OM&M requirements.
Sec.   63.8(c)(1)(ii).............  CMS Spare Parts.....  Yes.............................
Sec.   63.8(c)(1)(iii)............  Requirement to        Yes before the relevant           On and after the
                                     Develop SSM Plan      compliance date for your source   relevant compliance
                                     for CMS.              as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), no
                                                           as specified in Sec.              longer required.
                                                           63.7083(e).
Sec.   63.8(c)(2)-(3).............  CMS Operation/        Yes.............................
                                     Maintenance.
Sec.   63.8(c)(4).................  CMS Requirements....  No..............................  See Sec.   63.7121.
Sec.   63.8(c)(4)(i)-(ii).........  Cycle Time for COM    Yes.............................  No CEMS are required
                                     and CEMS.                                               under subpart
                                                                                             AAAAA; see Sec.
                                                                                             63.7113 for CPMS
                                                                                             requirements.
Sec.   63.8(c)(5).................  Minimum COM           Yes.............................  COM not required.
                                     procedures.
Sec.   63.8(c)(6).................  CMS Requirements....  No..............................  See Sec.   63.7113.
Sec.   63.8(c)(7)-(8).............  CMS Requirements....  Yes.............................
Sec.   63.8(d)(1)-(2).............  Quality Control.....  Yes.............................  See also Sec.
                                                                                             63.7113.
Sec.   63.8(d)(3).................  Quality Control.....  Yes before the relevant
                                                           compliance date for your source
                                                           as specified in Sec.
                                                           63.7083(e).
                                                          No on and after the relevant
                                                           compliance date for your source
                                                           as specified in Sec.
                                                           63.7083(e).
Sec.   63.8(e)....................  Performance           Yes.............................  See also Sec.
                                     Evaluation for CMS.                                     63.7113.
Sec.   63.8(f)(1)-(f)(5)..........  Alternative           Yes.............................
                                     Monitoring Method.
Sec.   63.8(f)(6).................  Alternative to        No..............................  No CEMS required in
                                     Relative Accuracy                                       subpart AAAAA.
                                     Test for CEMS.
Sec.   63.8(g)(1)-(g)(5)..........  Data Reduction; Data  No..............................  See data reduction
                                     That Cannot Be Used.                                    requirements in
                                                                                             Sec.  Sec.
                                                                                             63.7120 and
                                                                                             63.7121.
Sec.   63.9(a)....................  Notification          Yes.............................  See Sec.   63.7130.
                                     Requirements.
Sec.   63.9(b)....................  Initial               Yes.............................
                                     Notifications.
Sec.   63.9(c)....................  Request for           Yes.............................
                                     Compliance
                                     Extension.

[[Page 100]]

 
Sec.   63.9(d)....................  New Source            Yes.............................
                                     Notification for
                                     Special Compliance
                                     Requirements.
Sec.   63.9(e)....................  Notification of       Yes.............................
                                     Performance Test.
Sec.   63.9(f)....................  Notification of VE/   Yes.............................  This requirement
                                     Opacity Test.                                           only applies to
                                                                                             opacity and VE
                                                                                             performance tests
                                                                                             required in Table 5
                                                                                             to subpart AAAAA.
                                                                                             Notification not
                                                                                             required for VE/
                                                                                             opacity test under
                                                                                             Table 7 to subpart
                                                                                             AAAAA.
Sec.   63.9(g)....................  Additional CMS        No..............................  Not required for
                                     Notifications.                                          operating parameter
                                                                                             monitoring.
Sec.   63.9(h)(1)-(h)(3)..........  Notification of       Yes.............................
                                     Compliance Status.
Sec.   63.9(h)(4).................  ....................  No..............................
Sec.   63.9(h)(5)-(h)(6)..........  Notification of       Yes.............................
                                     Compliance Status.
Sec.   63.9(i)....................  Adjustment of         Yes.............................
                                     Deadlines.
Sec.   63.9(j)....................  Change in Previous    Yes.............................
                                     Information.
Sec.   63.9(k)....................  Electronic reporting  Yes.............................  Only as specified in
                                     procedures.                                             Sec.   63.9(j).
Sec.   63.10(a)...................  Recordkeeping/        Yes.............................  See Sec.  Sec.
                                     Reporting General                                       63.7131 through
                                     Requirements.                                           63.7133.
Sec.   63.10(b)(1)................  Records.............  Yes.............................
Sec.   63.10(b)(2)(i).............  Recordkeeping of      Yes before the relevant
                                     Occurrence and        compliance date for your source
                                     Duration of           as specified in Sec.
                                     Startups and          63.7083(e).
                                     Shutdowns.           No on and after the relevant
                                                           compliance date for your source
                                                           as specified in Sec.
                                                           63.7083(e).
Sec.   63.10(b)(2)(ii)............  Recordkeeping of      Yes before the relevant           On and after the
                                     Failures to Meet a    compliance date for your source   relevant compliance
                                     Standard.             as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), see
                                                           as specified in Sec.              Sec.   63.7132 for
                                                           63.7083(e).                       recordkeeping of
                                                                                             (1) date, time and
                                                                                             duration; (2)
                                                                                             listing of affected
                                                                                             source or
                                                                                             equipment, and an
                                                                                             estimate of the
                                                                                             quantity of each
                                                                                             regulated pollutant
                                                                                             emitted over the
                                                                                             standard; and (3)
                                                                                             actions to minimize
                                                                                             emissions and
                                                                                             correct the
                                                                                             failure.
Sec.   63.10(b)(2)(iii)...........  Maintenance Records.  Yes.............................
Sec.   63.10(b)(2)(iv)-(v)........  Actions Taken to      Yes before the relevant           On and after the
                                     Minimize Emissions    compliance date for your source   relevant compliance
                                     During SSM.           as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), see
                                                           as specified in Sec.              Sec.   63.7100 for
                                                           63.7083(e).                       OM&M requirements.
Sec.   63.10(b)(2)(vi)-(xii)......  Recordkeeping for     Yes.............................
                                     CMS.
Sec.   63.10(b)(2)(xiii)..........  Records for Relative  No..............................
                                     Accuracy Test.
Sec.   63.10(b)(2)(xiv)...........  Records for           Yes.............................
                                     Notification.
Sec.   63.10(b)(3)................  Applicability         Yes.............................
                                     Determinations.
Sec.   63.10(c)...................  Additional CMS        No..............................  See Sec.   63.7132.
                                     Recordkeeping.
Sec.   63.10(d)(1)................  General Reporting     Yes.............................
                                     Requirements.
Sec.   63.10(d)(2)................  Performance Test      Yes.............................
                                     Results.
Sec.   63.10(d)(3)................  Opacity or VE         Yes.............................  For the periodic
                                     Observations.                                           monitoring
                                                                                             requirements in
                                                                                             Table 7 to subpart
                                                                                             AAAAA, report
                                                                                             according to Sec.
                                                                                             63.10(d)(3) only if
                                                                                             VE observed and
                                                                                             subsequent visual
                                                                                             opacity test is
                                                                                             required.

[[Page 101]]

 
Sec.   63.10(d)(4)................  Progress Reports....  Yes.............................
Sec.   63.10(d)(5)(i).............  Periodic Startup,     Yes before the relevant           On and after the
                                     Shutdown,             compliance date for your source   relevant compliance
                                     Malfunction Reports.  as specified in Sec.              date for your
                                                           63.7083(e).                       source as specified
                                                          No on and after the relevant       in Sec.
                                                           compliance date for your source   63.7083(e), see
                                                           as specified in Sec.              Sec.   63.7131 for
                                                           63.7083(e).                       malfunction
                                                                                             reporting
                                                                                             requirements.
Sec.   63.10(d)(5)(ii)............  Immediate Startup,    Yes before the relevant
                                     Shutdown,             compliance date for your source
                                     Malfunction Reports.  as specified in Sec.
                                                           63.7083(e).
                                                          No on and after the relevant
                                                           compliance date for your source
                                                           as specified in Sec.
                                                           63.7083(e).
Sec.   63.10(e)...................  Additional CMS        No..............................  See specific
                                     Reports.                                                requirements in
                                                                                             subpart AAAAA, see
                                                                                             Sec.   63.7131.
Sec.   63.10(f)...................  Waiver for            Yes.............................
                                     Recordkeeping/
                                     Reporting.
Sec.   63.11(a)-(b)...............  Control Device and    No..............................  Flares not
                                     Work Practice                                           applicable.
                                     Requirements.
Sec.   63.12(a)-(c)...............  State Authority and   Yes.............................
                                     Delegations.
Sec.   63.13(a)-(c)...............  State/Regional        Yes.............................
                                     Addresses.
Sec.   63.14(a)-(b)...............  Incorporation by      No..............................
                                     Reference.
Sec.   63.15(a)-(b)...............  Availability of       Yes.............................
                                     Information and
                                     Confidentiality.
Sec.   63.16......................  Performance Track     Yes.............................
                                     Provisions.
----------------------------------------------------------------------------------------------------------------


[85 FR 44988, July 24, 2020, as amended at 85 FR 73912, Nov. 19, 2020; 
85 FR 84262, Dec. 28, 2020]



 Subpart BBBBB_National Emission Standards for Hazardous Air Pollutants 
                     for Semiconductor Manufacturing

    Source: 68 FR 27925, May 22, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.7180  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for semiconductor manufacturing facilities. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission standards.



Sec.  63.7181  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
semiconductor manufacturing process unit that is a major source of 
hazardous air pollutants (HAP) emissions or that is located at, or is 
part of, a major source of HAP emissions.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources located within a contiguous area and under 
common control that emits or has the potential to emit, considering 
controls, in the aggregate, any single HAP at a rate of 10 tons per year 
(tpy) or more or any combination of HAP at a rate of 25 tpy or more.



Sec.  63.7182  What parts of my facility does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source that you own or operate that manufactures 
semiconductors.
    (b) An affected source subject to this subpart is the collection of 
all semiconductor manufacturing process units used to manufacture p-type 
and n-type semiconductors and active solid-state devices from a wafer 
substrate, including research and development activities integrated into 
a semiconductor manufacturing process unit. A semiconductor 
manufacturing process unit includes the equipment assembled and 
connected by ductwork or hard-piping including furnaces and associated 
unit

[[Page 102]]

operations; associated wet and dry work benches; associated recovery 
devices; feed, intermediate, and product storage tanks; product transfer 
racks and connected ducts and piping; pumps, compressors, agitators, 
pressure-relief devices, sampling connecting systems, open-ended valves 
or lines, valves, connectors, and instrumentation systems; and control 
devices.
    (c) Your affected source is a new affected source if you commence 
construction of the affected source after May 8, 2002, and you meet the 
applicability criteria in Sec.  63.7181 at the time you commence 
construction.
    (d) Your affected source is a reconstructed affected source if you 
meet the criteria for ``reconstruction,'' as defined in Sec.  63.2.
    (e) Your source is an existing affected source if it is not a new or 
reconstructed affected source.



Sec.  63.7183  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your affected source before May 22, 2003, then 
you must comply with the emission standards for new and reconstructed 
sources in this subpart no later than May 22, 2003.
    (2) If you start up your affected source after May 22, 2003, then 
you must comply with the emission standards for new and reconstructed 
sources in this subpart upon startup of your affected source.
    (b) If you have an existing affected source, you must comply with 
the emission standards for existing sources no later than 3 years from 
May 22, 2003.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP and an 
affected source subject to this subpart, paragraphs (c)(1) and (2) of 
this section apply.
    (1) Any portion of your existing facility that is a new affected 
source as specified at Sec.  63.7182(c), or a reconstructed affected 
source as specified at Sec.  63.7182(d), must be in compliance with this 
subpart upon startup.
    (2) Any portion of your facility that is an existing affected 
source, as specified at Sec.  63.7182(e), must be in compliance with 
this subpart by not later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec.  63.7189 and 
in subpart A of this part. You must submit some of the notifications 
(e.g., Initial Notification) before the date you are required to comply 
with the emission limitations in this subpart.

                           Emission Standards



Sec.  63.7184  What emission limitations, operating limits, and work
practice standards must I meet?

    (a) If you have a new, reconstructed, or existing affected source, 
as defined in Sec.  63.7182(b), you must comply with all applicable 
emission limitations in this section on and after the compliance dates 
specified in Sec.  63.7183.
    (b) Process vents--organic HAP emissions. For each organic HAP 
process vent, other than process vents from storage tanks, you must 
limit organic HAP emissions to the level specified in paragraph (b)(1) 
or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to any 
combination of control devices meeting the requirements of Sec.  
63.982(a)(2).
    (1) Reduce the emissions of organic HAP from the process vent stream 
by 98 percent by weight.
    (2) Reduce or maintain the concentration of emitted organic HAP from 
the process vent to less than or equal to 20 parts per million by volume 
(ppmv).
    (c) Process vents--inorganic HAP emissions. For each inorganic HAP 
process vent, other than process vents from storage tanks, you must 
limit inorganic HAP emissions to the level specified in paragraph (c)(1) 
or (2) of this section. These limitations can be met by venting 
emissions from your process vent through a closed vent system to a 
halogen scrubber meeting the requirements of Sec. Sec.  63.983 (closed 
vent system requirements) and Sec.  63.994 (halogen scrubber 
requirements); the applicable general monitoring requirements of Sec.  
63.996; the applicable performance test

[[Page 103]]

requirements; and the monitoring, recordkeeping and reporting 
requirements referenced therein.
    (1) Reduce the emissions of inorganic HAP from the process vent 
stream by 95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (d) Storage tanks. For each storage tank, 1,500 gallons or larger, 
you must limit total HAP emissions to the level specified in paragraph 
(d)(1) or (2) of this section if the emissions from the storage tank 
vent contains greater than 0.42 ppmv inorganic HAP. These limitations 
can be met by venting emissions from your storage tank through a closed 
vent system to a halogen scrubber meeting the requirements of Sec. Sec.  
63.983 (closed vent system requirements) and 63.994 (halogen scrubber 
requirements); the applicable general monitoring requirements of Sec.  
63.996; the applicable performance test requirements; and the 
monitoring, recordkeeping and reporting requirements referenced therein.
    (1) Reduce the emissions of inorganic HAP from each storage tank by 
95 percent by weight.
    (2) Reduce or maintain the concentration of emitted inorganic HAP 
from the process vent to less than or equal to 0.42 ppmv.
    (e) You must comply with the applicable work practice standards and 
operating limits contained in Sec.  63.982(a)(1) and (2). The closed 
vent system inspection requirements of Sec.  63.983(c), as referenced by 
Sec.  63.982(a)(1) and (2), do not apply.
    (f) Process vents--combined HAP emissions. For each combined HAP 
process vent, other than process vents from storage tanks, you must 
reduce or maintain the concentration of emitted HAP from the process 
vent to less than or equal to 14.22 ppmv. These limitations can be met 
by venting emissions from your process vent through a closed vent system 
to any combination of control devices meeting the requirements of Sec.  
63.982(a)(2).

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, July 22, 2008]

                         Compliance Requirements



Sec.  63.7185  What are my general requirements for complying with this
subpart?

    (a) You must be in compliance with the requirements of Sec.  63.7184 
at all times, except during periods of startup, shutdown, or 
malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec.  63.6(e)(1)(i).
    (c) You must develop a written startup, shutdown, and malfunction 
plan (SSMP). Your SSMP must be prepared in accordance with the 
provisions in Sec.  63.6(e)(3).
    (d) You must perform all the items listed in paragraphs (d)(1) 
through (3) of this section:
    (1) Submit the necessary notifications in accordance with Sec.  
63.7189.
    (2) Submit the necessary reports in accordance with Sec.  63.7190.
    (3) Maintain all necessary records you have used to demonstrate 
compliance with this subpart in accordance with Sec.  63.7191.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]



Sec.  63.7186  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    For each process vent or storage tank vent emission limitation in 
Sec.  63.7184 for which initial compliance is demonstrated by meeting a 
percent by weight HAP emissions reduction, or a HAP concentration 
limitation, you must conduct performance tests or an initial compliance 
demonstration within 180 days after the compliance date that is 
specified for your source in Sec.  63.7183 and according to the 
provisions in Sec.  63.7(a)(2).



Sec.  63.7187  What performance tests and other compliance procedures
must I use?

    (a) You must conduct each performance test in Table 1 to this 
subpart that applies to you as specified for process vents in Sec.  
63.982(a)(2) and storage tanks in Sec.  63.982(a)(1). Performance tests 
must be conducted under maximum operating conditions or HAP

[[Page 104]]

emissions potential. Section 63.982(a)(1) and (2) only includes methods 
to measure the total organic regulated material or total organic carbon 
(TOC) concentration. The EPA Methods 26 and 26A are included in Table 1 
to this subpart in addition to the test methods contained within Sec.  
63.982(a)(1) and (2). The EPA Method 26 or 26A must be used for testing 
regulated material containing inorganic HAP. Method 320 of 40 CFR part 
63, appendix A, must be used to measure total vapor phase organic and 
inorganic HAP concentrations.
    (b) If, without the use of a control device, your process vent 
stream has an organic HAP concentration of 20 ppmv or less or an 
inorganic HAP concentration of 0.42 ppmv or less, or your storage tank 
vent stream has an inorganic HAP concentration of 0.42 ppmv or less, you 
may demonstrate that the vent stream is compliant by engineering 
assessments and calculations or by conducting the applicable performance 
test requirements specified in Table 1 to this subpart. Your engineering 
assessments and calculations, as with performance tests (as specified in 
Sec.  63.982(a)(1) and (2)), must represent your maximum operating 
conditions or HAP emissions potential and must be approved by the 
Administrator. You must demonstrate continuous compliance by certifying 
that your operations will not exceed the maximum operating conditions or 
HAP emissions potential represented by your engineering assessments, 
calculations, or performance test.
    (c) If you are using a control device to comply with the emission 
limitations in Sec.  63.7184 and the inlet concentration of HAP to the 
control device is 20 ppmv or less, then you may demonstrate that the 
control device meets the percent by weight HAP emission reduction 
limitation in Sec.  63.7184(c)(1) or (d)(1) by conducting a design 
evaluation as specified in paragraph (i) of this section. Your design 
evaluation must represent your maximum operating conditions or HAP 
emissions potential and must be approved by the Administrator. You must 
demonstrate continuous compliance by certifying that your operations 
will not exceed the maximum operating conditions or HAP emissions 
potential represented by your design evaluation.
    (d) [Reserved]
    (e) For each monitoring system required in this section, you must 
develop and submit for approval a site-specific monitoring plan that 
addresses the criteria specified in paragraphs (e)(1) through (3) of 
this section.
    (1) Installation of the continuous monitoring system (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);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (f) In your site-specific monitoring plan, you must also address the 
procedural processes in paragraphs (f)(1) through (3) of this section.
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1), (3), (4)(ii), (7), and 
(8);
    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (g) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (h) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.
    (i) Design evaluation. To demonstrate that a control device meets 
the required percent by weight inorganic HAP emission reduction 
limitation in Sec.  63.7184(c)(1) or (d)(1), a design evaluation must 
address the composition of the inorganic HAP concentration of the vent 
stream entering the control device. A design evaluation also must

[[Page 105]]

address other vent stream characteristics and control device operating 
parameters as specified in any one of paragraphs (i)(1) through (5) 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 must also consider all other vapors, gases, and 
liquids, other than fuels, received by the control device.
    (1) 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.
    (2) 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.
    (3) 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.
    (4) 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 (i)(5)(i) and (ii) of this section for trays and a packed 
column scrubber.
    (i) Type and total number of theoretical and actual trays;
    (ii) Type and total surface area of packing for entire column, and 
for individual packed sections if column contains more than one packed 
section.

[68 FR 27925, May 22, 2003, as amended at 71 FR 20467, Apr. 20, 2006]



Sec.  63.7188  What are my monitoring installation, operation, and 
maintenance requirements?

    If you comply with the emission limitations of Sec.  63.7184 by 
venting the emissions of your semiconductor process vent through a 
closed vent system to a control device, you must comply with the 
requirements of paragraphs (a) and (b) of this section.
    (a) You must meet the applicable general monitoring, installation, 
operation, and maintenance requirements specified in Sec.  63.996.
    (b) You must meet the monitoring, installation, operation, and 
maintenance requirements specified for closed vent systems and 
applicable control devices in Sec. Sec.  63.983 through 63.995. If you 
used the design evaluation procedure in Sec.  63.7187(i) to demonstrate 
compliance, you must use the information from the design evaluation to 
establish the operating parameter level for monitoring of the control 
device.

            Applications, Notifications, Reports, and Records



Sec.  63.7189  What applications and notifications must I submit 
and when?

    (a) You must submit all of the applications and notifications in 
Sec. Sec.  63.7(b)

[[Page 106]]

and (c); 63.8(e), (f)(4) and (f)(6); and 63.9(b) through (e), (g) and 
(h) that apply to you by the dates specified.
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before May 22, 2003, you must submit an Initial Notification not 
later than 120 calendar days after May 22, 2003, or no later than 120 
days after the source becomes subject to this subpart, whichever is 
later.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after May 22, 2003. you must submit 
an Initial Notification not later than 120 calendar days after you 
become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec.  63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration, you must submit a Notification of 
Compliance Status according to Sec.  63.9(h)(2)(ii) and according to 
paragraphs (e)(1) and (2) of this section.
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration. If you used the 
design evaluation procedure in Sec.  63.7187(i) to demonstrate 
compliance, you must include the results of the design evaluation in the 
Notification of Compliance Status.
    (2) For each initial compliance demonstration required that includes 
a performance test conducted according to the requirements in Table 1 to 
this subpart, you must submit a notification of the date of the 
performance evaluation at least 60 days prior to the date the 
performance evaluation is scheduled to begin as required in Sec.  
63.8(e)(2).

[68 FR 27925, May 22, 2003, as amended at 85 FR 73913, Nov. 19, 2020]



Sec.  63.7190  What reports must I submit and when?

    (a) You must submit each of the following reports that apply to you.
    (1) Periodic compliance reports. You must submit a periodic 
compliance report that contains the information required under 
paragraphs (c) through (e) of this section, and any requirements 
specified to be reported for process vents in Sec.  63.982(a)(2) and 
storage tanks in Sec.  63.982(a)(1).
    (2) Immediate startup, shutdown, and malfunction report. You must 
submit an Immediate Startup, Shutdown, and Malfunction Report if you had 
a startup, shutdown, or malfunction during the reporting period that is 
not consistent with your SSMP. Your report must contain actions taken 
during the event. You must submit this report by fax or telephone within 
2 working days after starting actions inconsistent with you SSMP. You 
are required to follow up this report with a report specifying the 
information in Sec.  63.10(d)(5)(ii) by letter within 7 working days 
after the end of the event unless you have made alternative arrangements 
with your permitting authority.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date according to paragraphs (b)(1) through (5) of this section.
    (1) The first periodic compliance report must cover the period 
beginning on the compliance date that is specified for your affected 
source in Sec.  63.7183 and ending on June 30 or December 31, whichever 
date is the first date following the end of the first 12 calendar months 
after the compliance date that is specified for your source in Sec.  
63.7183.
    (2) The first periodic compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date follows 
the end of the first 12 calendar months after the compliance date that 
is specified for your affected source in Sec.  63.7183.
    (3) Each subsequent periodic compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.
    (4) Each subsequent periodic compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date

[[Page 107]]

following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent periodic 
compliance reports according to the dates the permitting authority has 
established instead of according to the dates in paragraphs (b)(1) 
through (4) of this section.
    (c) The periodic compliance report must contain the information 
specified in paragraphs (c)(1) through (5) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If there are no deviations from any emission limitations that 
apply to you, a statement that there were no deviations from the 
emission limitations during the reporting period and that no CMS was 
inoperative, inactive, malfunctioning, out-of-control, repaired, or 
adjusted.
    (5) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your SSMP, your 
periodic compliance report must include the information in Sec.  
63.10(d)(5) for each startup, shutdown, and malfunction.
    (d) For each deviation from an emission limitation that occurs at an 
affected source where you are not using a CMS to comply with the 
emission limitations, the periodic compliance report must contain the 
information in paragraphs (d)(1) through (2) of this section.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause), if applicable.
    (e) For each deviation from an emission limitation occurring at an 
affected source where you are using a CMS to demonstrate compliance with 
the emission limitation, you must include the information in paragraphs 
(e)(1) through (8) of this section.
    (1) The date and time that each malfunction started and stopped, and 
the reason it was inoperative.
    (2) The date and time that each CMS was inoperative, except for 
calibration checks.
    (3) The date and time that each CMS was out-of-control, including 
the information in Sec.  63.8(c)(8).
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period, and the cause of the deviation.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total source operating time during the reporting period.
    (7) An identification of each HAP that was monitored at the affected 
source.
    (8) The date of the latest CMS certification or audit.



Sec.  63.7191  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Notification of Compliance Status and periodic report of compliance that 
you submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunctions.
    (3) Records of performance tests and performance evaluations as 
required in Sec.  63.10(b)(2)(viii).
    (b) For each CMS, you must keep the records listed in paragraphs 
(b)(1) through (5) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi).

[[Page 108]]

    (2) All required measurements needed to demonstrate compliance with 
a relevant standard (e.g., 30-minute averages of CMS data, raw 
performance testing measurements, raw performance evaluation 
measurements).
    (3) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (5) Records for process vents according to the requirements 
specified in Sec.  63.982(a)(2) and storage tank vents according to the 
requirements specified in Sec.  63.982(a)(1).



Sec.  63.7192  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.7193  What parts of the General Provisions apply to me?

    Table 2 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.13 apply to you.



Sec.  63.7194  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the U.S. EPA Administrator has 
delegated authority to your State, local, or tribal agency, then that 
agency has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if this subpart 
is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the U.S. EPA Administrator and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emission limitations 
in Sec.  63.7184 under Sec.  63.6(g).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.



Sec.  63.7195  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. Sec.  63.2 and 63.981, the General Provisions of this part (40 CFR 
part 63, subpart A), and in this section as follows:
    Combined HAP process vent means a process vent that emits both 
inorganic and organic HAP to the atmosphere.
    Control device means a combustion device, recovery device, recapture 
device, or any combination of these devices used for the primary purpose 
of reducing emissions to comply with this subpart. Devices that are 
inherent to a process or are integral to the operation of a process are 
not considered control devices for the purposes of this subpart, even 
though these devices may have the secondary effect of reducing 
emissions.
    Inorganic HAP process vent means a process vent that emits only 
inorganic HAP to the atmosphere.
    Organic HAP process vent means a process vent that emits only 
organic HAP to the atmosphere.

[[Page 109]]

    Process vent means the point at which HAP emissions are released to 
the atmosphere from a semiconductor manufacturing process unit or 
storage tank by means of a stack, chimney, vent, or other functionally 
equivalent opening. The HAP emission points originating from wastewater 
treatment equipment, other than storage tanks, are not considered to be 
a process vent, unless the wastewater treatment equipment emission 
points are connected to a common vent or exhaust plenum with other 
process vents.
    Semiconductor manufacturing means the collection of semiconductor 
manufacturing process units used to manufacture p-type and n-type 
semiconductors or active solid state devices from a wafer substrate, 
including processing from crystal growth through wafer fabrication, and 
testing and assembly. Examples of semiconductor or related solid state 
devices include semiconductor diodes, semiconductor stacks, rectifiers, 
integrated circuits, and transistors.
    Semiconductor manufacturing process unit means the collection of 
equipment used to carry out a discrete operation in the semiconductor 
manufacturing process. These operations include, but are not limited to, 
crystal growing; solvent stations used to prepare and clean materials 
for subsequent processing or for parts cleaning; wet chemical stations 
used for cleaning (other than solvent cleaning); photoresist 
application, developing, and stripping; etching; gaseous operation 
stations used for stripping, cleaning, doping, etching, and layering; 
separation; encapsulation; and testing. Research and development 
operations associated with semiconductor manufacturing and conducted at 
a semiconductor manufacturing facility are considered to be 
semiconductor manufacturing process units.
    Storage tank means a stationary unit that is constructed primarily 
from nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provides structural support and is designed to hold an 
accumulation of liquids or other materials used in or generated by a 
semiconductor manufacturing process unit. The following are not storage 
tanks for the purposes of this subpart:
    (1) Tanks permanently attached to motor vehicles such as trucks, 
railcars, barges, or ships;
    (2) Flow-through tanks where wastewater undergoes treatment (such as 
pH adjustment) before discharge, and are not used to accumulate 
wastewater;
    (3) Bottoms receiver tanks; and
    (4) Surge control tanks.

[68 FR 27925, May 22, 2003, as amended at 73 FR 42532, 73 FR 42532, July 
22, 2008]



 Sec. Table 1 to Subpart BBBBB of Part 63--Requirements for Performance 
                                  Tests

    As stated in Sec.  63.7187, you must comply with the requirements 
for performance tests in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                             According to the
              For . . .                     You must . . .            Using . . .         following requirements
                                                                                                  . . .
----------------------------------------------------------------------------------------------------------------
1. Process or storage tank vent        a. Select sampling       Method 1 or 1A of 40     Sampling sites must be
 streams.                               port's location and      CFR part 60, appendix    located at the inlet
                                        the number of traverse   A.                       (if emission reduction
                                        ports.                                            or destruction
                                                                                          efficiency testing is
                                                                                          required) and outlet
                                                                                          of the control device
                                                                                          and prior to any
                                                                                          releases to the
                                                                                          atmosphere.
                                       b. Determine velocity    Method 2, 2A, 2C, 2D,    For HAP reduction
                                        and volumetric flow      2F, or 2G of 40 CFR      efficiency testing
                                        rate.                    part 60, appendix A.     only; not necessary
                                                                                          for determining
                                                                                          compliance with a ppmv
                                                                                          concentration limit.
                                       c. Conduct gas           i. Method 3, 3A, or 3B   For flow rate
                                        molecular weight         of 40 CFR part 60,       determination only.
                                        analysis.                appendix A.
                                                                ii. ASME PTC 19.10-1981- You may use ASME PTC
                                                                 Part 10.                 19.10-1981-Part 10
                                                                                          (available for
                                                                                          purchase from Three
                                                                                          Park Avenue, New York,
                                                                                          NY 10016-5990) as an
                                                                                          alternative to EPA
                                                                                          Method 3B.
                                       d. Measure moisture      Method 4 of 40 CFR part  For flow rate
                                        content of the stack     60, appendix A.          determination and
                                        gas.                                              correction to dry
                                                                                          basis, if necessary.

[[Page 110]]

 
2. Process vent stream...............  a. Measure organic and   i. Method 18, 25, or     (1) To determine
                                        inorganic HAP            25A of 40 CFR part 60,   compliance with the
                                        concentration (two       appendix A, AND          percent by weight
                                        method option).         ii. Method 26 or 26A of   emission reduction
                                                                 40 CFR part 60,          limit, conduct
                                                                 appendix A.              simultaneous sampling
                                                                                          at inlet and outlet of
                                                                                          control device and
                                                                                          analyze for same
                                                                                          organic and inorganic
                                                                                          HAP at both inlet and
                                                                                          outlet; and
                                                                                         (2) If you use Method
                                                                                          25A to determine the
                                                                                          TOC concentration for
                                                                                          compliance with the 20
                                                                                          ppmv emission
                                                                                          limitation, the
                                                                                          instrument must be
                                                                                          calibrated on methane
                                                                                          or the predominant
                                                                                          HAP. If you calibrate
                                                                                          on the predominant
                                                                                          HAP, you must comply
                                                                                          with each of the
                                                                                          following:
                                                                                         --The organic HAP used
                                                                                          as the calibration gas
                                                                                          must be the single
                                                                                          organic HAP
                                                                                          representing the
                                                                                          largest percent of
                                                                                          emissions by volume.
                                                                                         --The results are
                                                                                          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 its most sensitive
                                                                                          scale.
                                                                                         --The span value of the
                                                                                          analyzer must be less
                                                                                          than 100 ppmv.
                                                                                         To determine compliance
                                                                                          with 98 percent
                                                                                          reduction limit,
                                                                                          conduct simultaneous
                                                                                          sampling at inlet and
                                                                                          outlet of control
                                                                                          device and analyze for
                                                                                          same organic and
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
                                       c. Measure organic and   Method 320 of 40 CFR     To determine compliance
                                        inorganic HAP            part 63, appendix A.     with the percent by
                                        simultaneously (one                               weight emission
                                        method option).                                   reduction limit,
                                                                                          conduct simultaneous
                                                                                          sampling at inlet and
                                                                                          outlet of control
                                                                                          device and analyze for
                                                                                          same organic and
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
3. Storage tank vent stream..........  Measure inorganic HAP    Method 26 or 26A of 40   To determine compliance
                                        concentration.           CFR part 60, appendix    with percent by weight
                                                                 A, or Method 320 of 40   emission reduction
                                                                 CFR part 63, appendix    limit, conduct
                                                                 A.                       simultaneous sampling
                                                                                          at inlet and outlet of
                                                                                          control device and
                                                                                          analyze for same
                                                                                          inorganic HAP at both
                                                                                          inlet and outlet.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 2 to Subpart BBBBB of Part 63--Applicability of General 
                       Provisions to Subpart BBBBB

    As stated in Sec.  63.7193, you must comply with the applicable 
General Provisions requirements according to the following table:

------------------------------------------------------------------------
                                                        Applicable to
          Citation                   Subject           Subpart BBBBB?
------------------------------------------------------------------------
Sec.   63.1.................  Applicability.......  Yes.
Sec.   63.2.................  Definitions.........  Yes.
Sec.   63.3.................  Units and             Yes.
                               Abbreviations.
Sec.   63.4.................  Prohibited            Yes.
                               Activities and
                               Circumvention.
Sec.   63.5.................  Construction and      Yes.
                               Reconstruction.
Sec.   63.6.................  Compliance with       Yes.
                               Standards and
                               Maintenance.
Sec.   63.7.................  Performance Testing   Yes, with the
                               Requirements.         exception of Sec.
                                                     63.7(e)(1). The
                                                     requirements of
                                                     Sec.   63.7(e)(1)
                                                     do not apply.
                                                     Performance testing
                                                     requirements that
                                                     apply are specified
                                                     in this subpart,
                                                     and in Sec.
                                                     63.982(a)(1) and
                                                     (2).
Sec.   63.8.................  Monitoring            Monitoring
                               Requirements.         requirements are
                                                     specified in this
                                                     subpart and in Sec.
                                                       63.982(a)(1) and
                                                     (2). The closed
                                                     vent system
                                                     inspection
                                                     requirements of
                                                     Sec.   63.983(c),
                                                     as referenced by
                                                     Sec.   63.982(a)(1)
                                                     and (2), do not
                                                     apply.
Sec.   63.9.................  Notification          Yes.
                               Requirements.
Sec.   63.10................  Recordkeeping and     Yes, with the
                               Reporting             exception of Sec.
                               Requirements.         63.10(e). The
                                                     requirements of
                                                     Sec.   63.10(e) do
                                                     not apply. In
                                                     addition, the
                                                     recordkeeping and
                                                     reporting
                                                     requirements
                                                     specified in this
                                                     subpart apply.
Sec.   63.11................  Flares..............  Yes.

[[Page 111]]

 
Sec.   63.12................  Delegation..........  Yes.
Sec.   63.13................  Addresses...........  Yes.
Sec.   63.14................  Incorporation by      Yes.
                               Reference.
Sec.   63.15................  Availability of       Yes.
                               Information.
------------------------------------------------------------------------



 Subpart CCCCC_National Emission Standards for Hazardous Air Pollutants 
         for Coke Ovens: Pushing, Quenching, and Battery Stacks

    Source: 68 FR 18025, Apr. 14, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.7280  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for pushing, soaking, quenching, and battery 
stacks at coke oven batteries. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with all 
applicable emission limitations, work practice standards, and operation 
and maintenance requirements in this subpart.



Sec.  63.7281  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a coke oven 
battery at a coke plant that is (or is part of) a major source of 
hazardous air pollutant (HAP) emissions. A major source of HAP is a 
plant site that emits or has the potential to emit any single HAP at a 
rate of 10 tons or more per year or any combination of HAP at a rate of 
25 tons or more per year.



Sec.  63.7282  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new or existing affected source at 
your coke plant. The affected source is each coke oven battery.
    (b) This subpart covers emissions from pushing, soaking, quenching, 
and battery stacks from each affected source.
    (c) An affected source at your coke plant is existing if you 
commenced construction or reconstruction of the affected source before 
July 3, 2001.
    (d) An affected source at your coke plant is new if you commenced 
construction or reconstruction of the affected source on or after July 
3, 2001. An affected source is reconstructed if it meets the definition 
of ``reconstruction'' in Sec.  63.2.



Sec.  63.7283  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than April 14, 2006.
    (b) If you have a new affected source and its initial startup date 
is on or before April 14, 2003, you must comply with each emission 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by April 14, 2003.
    (c) If you have a new affected source and its initial startup date 
is after April 14, 2003, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you upon initial startup.
    (d) You must meet the notification and schedule requirements in 
Sec.  63.7340. Several of these notifications must be submitted before 
the compliance date for your affected source.

[68 FR 18025, Apr. 14, 2003; 68 FR 19885, Apr. 22, 2003]

            Emission Limitations and Work Practice Standards



Sec.  63.7290  What emission limitations must I meet for capture systems
and control devices applied to pushing emissions?

    (a) You must not discharge to the atmosphere emissions of 
particulate matter from a control device applied to

[[Page 112]]

pushing emissions from a new or existing coke oven battery that exceed 
the applicable limit in paragraphs (a)(1) through (4) of this section:
    (1) 0.01 grain per dry standard cubic foot (gr/dscf) if a cokeside 
shed is used to capture emissions;
    (2) 0.02 pound per ton (lb/ton) of coke if a moveable hood vented to 
a stationary control device is used to capture emissions;
    (3) If a mobile scrubber car that does not capture emissions during 
travel is used:
    (i) 0.03 lb/ton of coke for a control device applied to pushing 
emissions from a short battery, or
    (ii) 0.01 lb/ton of coke for a control device applied to pushing 
emissions from a tall battery; and
    (4) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.
    (b) You must meet each operating limit in paragraphs (b)(1) through 
(4) of this section that applies to you for a new or existing coke oven 
battery.
    (1) For each venturi scrubber applied to pushing emissions, you must 
maintain the daily average pressure drop and scrubber water flow rate at 
or above the minimum levels established during the initial performance 
test.
    (2) For each hot water scrubber applied to pushing emissions, you 
must maintain the daily average water pressure and water temperature at 
or above the minimum levels established during the initial performance 
test.
    (3) For each capture system applied to pushing emissions, you must 
maintain the daily average volumetric flow rate at the inlet of the 
control device at or above the minimum level established during the 
initial performance test; or
    (i) For each capture system that uses an electric motor to drive the 
fan, you must maintain the daily average fan motor amperes at or above 
the minimum level established during the initial performance test; and
    (ii) For each capture system that does not use a fan driven by an 
electric motor, you must maintain the daily average static pressure at 
the inlet to the control device at an equal or greater vacuum than the 
level established during the initial performance test or maintain the 
daily average fan revolutions per minute (RPM) at or above the minimum 
level established during the initial performance test.
    (4) For each multicyclone, you must maintain the daily average 
pressure drop at or below the minimum level established during the 
initial performance test.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]



Sec.  63.7291  What work practice standards must I meet for fugitive
pushing emissions if I have a by-product coke oven battery with vertical 
flues?

    (a) You must meet each requirement in paragraphs (a)(1) through (7) 
of this section for each new or existing by-product coke oven battery 
with vertical flues.
    (1) Observe and record the opacity of fugitive pushing emissions 
from each oven at least once every 90 days. If an oven cannot be 
observed during a 90-day period due to circumstances that were not 
reasonably avoidable, you must observe the opacity of the first push of 
that oven following the close of the 90-day period that is capable of 
being observed in accordance with the procedures in Sec.  63.7334(a), 
and you must document why the oven was not observed within a 90-day 
period. All opacity observations of fugitive pushing emissions for 
batteries with vertical flues must be made using the procedures in Sec.  
63.7334(a).
    (2) If two or more batteries are served by the same pushing 
equipment and total no more than 90 ovens, the batteries as a unit can 
be considered a single battery.
    (3) Observe and record the opacity of fugitive pushing emissions for 
at least four consecutive pushes per battery each day. Exclude any push 
during which the observer's view is obstructed or obscured by 
interferences and observe the next available push to complete the set of 
four pushes. If necessary due to circumstances that were not reasonably 
avoidable, you may observe fewer than four consecutive pushes in a day; 
however, you must observe and record as many consecutive pushes as 
possible and document why four consecutive pushes could not be

[[Page 113]]

observed. You may observe and record one or more non-consecutive pushes 
in addition to any consecutive pushes observed in a day.
    (4) Do not alter the pushing schedule to change the sequence of 
consecutive pushes to be observed on any day. Keep records indicating 
the legitimate operational reason for any change in your pushing 
schedule which results in a change in the sequence of consecutive pushes 
observed on any day.
    (5) If the average opacity for any individual push exceeds 30 
percent opacity for any short battery or 35 percent opacity for any tall 
battery, you must take corrective action and/or increase coking time for 
that oven. You must complete corrective action or increase coking time 
within either 10 calendar days or the number of days determined using 
Equation 1 of this section, whichever is greater:

X = 0.55 * Y (Eq. 1)

Where:

X = Number of calendar days allowed to complete corrective action or 
          increase coking time; and
Y = Current coking time for the oven, hours.


For the purpose of determining the number of calendar days allowed under 
Equation 1 of this section, day one is the first day following the day 
you observed an opacity in excess of 30 percent for any short battery or 
35 percent for any tall battery. Any fraction produced by Equation 1 of 
this section must be counted as a whole day. Days during which the oven 
is removed from service are not included in the number of days allowed 
to complete corrective action.
    (6)(i) You must demonstrate that the corrective action and/or 
increased coking time was successful. After a period of time no longer 
than the number of days allowed in paragraph (a)(5) of this section, 
observe and record the opacity of the first two pushes for the oven 
capable of being observed using the procedures in Sec.  63.7334(a). The 
corrective action and/or increased coking time was successful if the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery. If the 
corrective action and/or increased coking time was successful, you may 
return the oven to the 90-day reading rotation described in paragraph 
(a)(1) of this section. If the average opacity of either push exceeds 30 
percent for a short battery or 35 percent for a tall battery, the 
corrective action and/or increased coking time was unsuccessful, and you 
must complete additional corrective action and/or increase coking time 
for that oven within the number of days allowed in paragraph (a)(5) of 
this section.
    (ii) After implementing any additional corrective action and/or 
increased coking time required under paragraph (a)(6)(i) or (a)(7)(ii) 
of this section, you must demonstrate that corrective action and/or 
increased coking time was successful. After a period of time no longer 
than the number of days allowed in paragraph (a)(5) of this section, you 
must observe and record the opacity of the first two pushes for the oven 
capable of being observed using the procedures in Sec.  63.7334(a). The 
corrective action and/or increased coking time was successful if the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery. If the 
corrective action and/or increased coking time was successful, you may 
return the oven to the 90-day reading rotation described in paragraph 
(a)(1) of this section. If the average opacity of either push exceeds 30 
percent for a short battery or 35 percent for a tall battery, the 
corrective action and/or increased coking time was unsuccessful, and you 
must follow the procedures in paragraph (a)(6)(iii) of this section.
    (iii) If the corrective action and/or increased coking time was 
unsuccessful as described in paragraph (a)(6)(ii) of this section, you 
must repeat the procedures in paragraph (a)(6)(ii) of this section until 
the corrective action and/or increased coking time is successful. You 
must report to the permitting authority as a deviation each unsuccessful 
attempt at corrective action and/or increased coking time under 
paragraph (a)(6)(ii) of this section.
    (7)(i) If at any time you place an oven on increased coking time as 
a result of fugitive pushing emissions that exceed 30 percent for a 
short battery or 35 percent for a tall battery, you must keep the oven 
on the increased coking time

[[Page 114]]

until the oven qualifies for decreased coking time using the procedures 
in paragraph (a)(7)(ii) or (a)(7)(iii) of this section.
    (ii) To qualify for a decreased coking time for an oven placed on 
increased coking time in accordance with paragraph (a)(5) or (6) of this 
section, you must operate the oven on the decreased coking time. After 
no more than two coking cycles on the decreased coking time, you must 
observe and record the opacity of the first two pushes that are capable 
of being observed using the procedures in Sec.  63.7334(a). If the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery, you may keep the 
oven on the decreased coking time and return the oven to the 90-day 
reading rotation described in paragraph (a)(1) of this section. If the 
average opacity of either push exceeds 30 percent for a short battery or 
35 percent for a tall battery, the attempt to qualify for a decreased 
coking time was unsuccessful. You must then return the oven to the 
previously established increased coking time, or implement other 
corrective action(s) and/or increased coking time. If you implement 
other corrective action and/or a coking time that is shorter than the 
previously established increased coking time, you must follow the 
procedures in paragraph (a)(6)(ii) of this section to confirm that the 
corrective action(s) and/or increased coking time was successful.
    (iii) If the attempt to qualify for decreased coking time was 
unsuccessful as described in paragraph (a)(7)(ii) of this section, you 
may again attempt to qualify for decreased coking time for the oven. To 
do this, you must operate the oven on the decreased coking time. After 
no more than two coking cycles on the decreased coking time, you must 
observe and record the opacity of the first two pushes that are capable 
of being observed using the procedures in Sec.  63.7334(a). If the 
average opacity for each of the two pushes is 30 percent or less for a 
short battery or 35 percent or less for a tall battery, you may keep the 
oven on the decreased coking time and return the oven to the 90-day 
reading rotation described in paragraph (a)(1) of this section. If the 
average opacity of either push exceeds 30 percent for a short battery or 
35 percent for a tall battery, the attempt to qualify for a decreased 
coking time was unsuccessful. You must then return the oven to the 
previously established increased coking time, or implement other 
corrective action(s) and/or increased coking time. If you implement 
other corrective action and/or a coking time that is shorter than the 
previously established increased coking time, you must follow the 
procedures in paragraph (a)(6)(ii) of this section to confirm that the 
corrective action(s) and/or increased coking time was successful.
    (iv) You must report to the permitting authority as a deviation the 
second and any subsequent consecutive unsuccessful attempts on the same 
oven to qualify for decreased coking time as described in paragraph 
(a)(7)(iii) of this section.
    (b) As provided in Sec.  63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (a) of this 
section.



Sec.  63.7292  What work practice standards must I meet for fugitive pushing
emissions if I have a by-product coke oven battery with horizontal flues?

    (a) You must comply with each of the requirements in paragraphs 
(a)(1) through (4) of this section.
    (1) Prepare and operate by a written plan that will eliminate or 
minimize incomplete coking for each by-product coke oven battery with 
horizontal flues. You must submit the plan and supporting documentation 
to the Administrator (or delegated authority) for approval no later than 
90 days after completing all observations and measurements required for 
the study in paragraph (a)(3) of this section or April 14, 2004, 
whichever is earlier. You must begin operating by the plan requirements 
by the compliance date that is specified in Sec.  63.7283. The written 
plan must identify minimum flue temperatures for different coking times 
and a battery-wide minimum acceptable flue temperature for any oven at 
any coking time.

[[Page 115]]

    (2) Submit the written plan and supporting documentation to the 
Administrator (or delegated authority) for review and approval. Include 
all data collected during the study described in paragraph (a)(3) of 
this section. If the Administrator (or delegated authority) disapproves 
the plan, you must revise the plan as directed by the Administrator (or 
delegated authority) and submit the amended plan for approval. The 
Administrator (or delegated authority) may require you to collect and 
submit additional data. You must operate according to your submitted 
plan (or submitted amended plan, if any) until the Administrator (or 
delegated authority) approves your plan.
    (3) You must base your written plan on a study that you conduct that 
meets each of the requirements listed in paragraphs (a)(3)(i) through 
(x) of this section.
    (i) Initiate the study by July 14, 2003. Notify the Administrator 
(or delegated authority) at least 7 days prior to initiating the study 
according to the requirements in Sec.  63.7340(f).
    (ii) Conduct the study under representative operating conditions, 
including but not limited to the range of moisture content and volatile 
matter in the coal that is charged.
    (iii) Include every oven in the study and observe at least two 
pushes from each oven.
    (iv) For each push observed, measure and record the temperature of 
every flue within 2 hours before the scheduled pushing time. Document 
the oven number, date, and time the oven was charged and pushed, and 
calculate the net coking time.
    (v) For each push observed, document the factors to be used to 
identify pushes that are incompletely coked. These factors must include 
(but are not limited to): average opacity during the push, average 
opacity during travel to the quench tower, average of six highest 
consecutive observations during both push and travel, highest single 
opacity reading, color of the emissions (especially noting any yellow or 
brown emissions), presence of excessive smoke during travel to the 
quench tower, percent volatile matter in the coke, percent volatile 
matter and percent moisture in the coal that is charged, and the date 
the oven was last rebuilt or completely relined. Additional 
documentation may be provided in the form of pictures or videotape of 
emissions during the push and travel. All opacity observations must be 
conducted in accordance with the procedures in Sec.  63.7334(a)(3) 
through (7).
    (vi) Inspect the inside walls of the oven after each observed push 
for cool spots as indicated by a flue that is darker than others (the 
oven walls should be red hot) and record the results.
    (vii) For each push observed, note where incomplete coking occurs if 
possible (e.g., coke side end, pusher side end, top, or center of the 
coke mass). For any push with incomplete coking, investigate and 
document the probable cause.
    (viii) Use the documented factors in paragraph (a)(3)(v) of this 
section to identify pushes that were completely coked and those that 
were not completely coked. Provide a rationale for the determination 
based on the documentation of factors observed during the study.
    (ix) Use only the flue temperature and coking time data for pushes 
that were completely coked to identify minimum flue temperatures for 
various coking times. Submit the criteria used to determine complete 
coking, as well as a table of coking times and corresponding 
temperatures for complete coking as part of your plan.
    (x) Determine the battery-wide minimum acceptable flue temperature 
for any oven. This temperature will be equal to the lowest temperature 
that provided complete coking as determined in paragraph (a)(3)(ix) of 
this section.
    (4) You must operate according to the coking times and temperatures 
in your approved plan and the requirements in paragraphs (a)(4)(i) 
through (viii) of this section.
    (i) Measure and record the percent volatile matter in the coal that 
is charged.
    (ii) Measure and record the temperature of all flues on two ovens 
per day within 2 hours before the scheduled pushing time for each oven. 
Measure and record the temperature of all flues on each oven at least 
once each month.

[[Page 116]]

    (iii) For each oven observed in accordance with paragraph (a)(4)(ii) 
of this section, record the time each oven is charged and pushed and 
calculate and record the net coking time. If any measured flue 
temperature for an oven is below the minimum flue temperature for an 
oven's scheduled coking time as established in the written plan, 
increase the coking time for the oven to the coking time in the written 
plan for the observed flue temperature before pushing the oven.
    (iv) If you increased the coking time for any oven in accordance 
with paragraph (a)(4)(iii) of this section, you must investigate the 
cause of the low flue temperature and take corrective action to fix the 
problem. You must continue to measure and record the temperature of all 
flues for the oven within 2 hours before each scheduled pushing time 
until the measurements meet the minimum temperature requirements for the 
increased coking time for two consecutive pushes. If any measured flue 
temperature for an oven on increased coking time falls below the minimum 
flue temperature for the increased coking time, as established in the 
written plan, you must increase the coking time for the oven to the 
coking time specified in the written plan for the observed flue 
temperature before pushing the oven. The oven must continue to operate 
at this coking time (or at a longer coking time if the temperature falls 
below the minimum allowed for the increased coking time) until the 
problem has been corrected, and you have confirmed that the corrective 
action was successful as required by paragraph (a)(4)(v) of this 
section.
    (v) Once the heating problem has been corrected, the oven may be 
returned to the battery's normal coking schedule. You must then measure 
and record the flue temperatures for the oven within 2 hours before the 
scheduled pushing time for the next two consecutive pushes. If any flue 
temperature measurement is below the minimum flue temperature for that 
coking time established in the written plan, repeat the procedures in 
paragraphs (a)(4)(iii) and (iv) of this section.
    (vi) If any flue temperature measurement is below the battery-wide 
minimum acceptable temperature for complete coking established in the 
written plan for any oven at any coking time, you must remove the oven 
from service for repairs.
    (vii) For an oven that has been repaired and returned to service 
after being removed from service in accordance with paragraph (a)(4)(vi) 
of this section, you must measure and record the temperatures of all 
flues for the oven within 2 hours before the first scheduled pushing 
time. If any flue temperature measurement is below the minimum flue 
temperature for the scheduled coking time, as established in the written 
plan, you must repeat the procedures described in paragraphs (a)(4)(iii) 
and (iv) of this section.
    (viii) For an oven that has been repaired and returned to service 
after removal from service in accordance with paragraph (a)(4)(vi) of 
this section, you must report as a deviation to the permitting authority 
any flue temperature measurement made during the initial coking cycle 
after return to service that is below the lowest acceptable minimum flue 
temperature.
    (b) As provided in Sec.  63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (a) of this 
section.



Sec.  63.7293  What work practice standards must I meet for fugitive
pushing emissions if I have a non-recovery coke oven battery?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section for each new and existing non-recovery coke oven battery.
    (1) You must visually inspect each oven prior to pushing by opening 
the door damper and observing the bed of coke.
    (2) Do not push the oven unless the visual inspection indicates that 
there is no smoke in the open space above the coke bed and that there is 
an unobstructed view of the door on the opposite side of the oven.
    (b) As provided in Sec.  63.6(g), you may request to use an 
alternative to the work practice standard in paragraph (a) of this 
section.

[[Page 117]]



Sec.  63.7294  What work practice standard must I meet for soaking?

    (a) For each new and existing by-product coke oven battery, you must 
prepare and operate at all times according to a written work practice 
plan for soaking. Each plan must include measures and procedures to:
    (1) Train topside workers to identify soaking emissions that require 
corrective actions.
    (2) Damper the oven off the collecting main prior to opening the 
standpipe cap.
    (3) Determine the cause of soaking emissions that do not ignite 
automatically, including emissions that result from raw coke oven gas 
leaking from the collecting main through the damper, and emissions that 
result from incomplete coking.
    (4) If soaking emissions are caused by leaks from the collecting 
main, take corrective actions to eliminate the soaking emissions. 
Corrective actions may include, but are not limited to, reseating the 
damper, cleaning the flushing liquor piping, using aspiration, putting 
the oven back on the collecting main, or igniting the emissions.
    (5) If soaking emissions are not caused by leaks from the collecting 
main, notify a designated responsible party. The responsible party must 
determine whether the soaking emissions are due to incomplete coking. If 
incomplete coking is the cause of the soaking emissions, you must put 
the oven back on the collecting main until it is completely coked or you 
must ignite the emissions.
    (b) As provided in Sec.  63.6(g), you may request to use an 
alternative to the work practice standard in paragraph (a) of this 
section.



Sec.  63.7295  What requirements must I meet for quenching?

    (a) You must meet the requirements in paragraphs (a)(1) and (2) of 
this section for each quench tower and backup quench station at a new or 
existing coke oven battery.
    (1) For the quenching of hot coke, you must meet the requirements in 
paragraph (a)(1)(i) or (ii) of this section.
    (i) The concentration of total dissolved solids (TDS) in the water 
used for quenching must not exceed 1,100 milligrams per liter (mg/L); or
    (ii) The sum of the concentrations of benzene, benzo(a)pyrene, and 
naphthalene in the water used for quenching must not exceed the 
applicable site-specific limit approved by the permitting authority.
    (2) You must use acceptable makeup water, as defined in Sec.  
63.7352, as makeup water for quenching.
    (b) For each quench tower at a new or existing coke oven battery and 
each backup quench station at a new coke oven battery, you must meet 
each of the requirements in paragraphs (b)(1) through (4) of this 
section.
    (1) You must equip each quench tower with baffles such that no more 
than 5 percent of the cross sectional area of the tower may be uncovered 
or open to the sky.
    (2) You must wash the baffles in each quench tower once each day 
that the tower is used to quench coke, except as specified in paragraphs 
(b)(2)(i) and (ii) of this section.
    (i) You are not required to wash the baffles in a quench tower if 
the highest measured ambient temperature remains less than 30 degrees 
Fahrenheit throughout that day (24-hour period). If the measured ambient 
temperature rises to 30 degrees Fahrenheit or more during the day, you 
must resume daily washing according to the schedule in your operation 
and maintenance plan.
    (ii) You must continuously record the ambient temperature on days 
that the baffles were not washed.
    (3) You must inspect each quench tower monthly for damaged or 
missing baffles and blockage.
    (4) You must initiate repair or replacement of damaged or missing 
baffles within 30 days and complete as soon as practicable.
    (c) As provided in Sec.  63.6(g), you may request to use an 
alternative to the work practice standards in paragraph (b) of this 
section.



Sec.  63.7296  What emission limitations must I meet for battery stacks?

    You must not discharge to the atmosphere any emissions from any 
battery stack at a new or existing by-product coke oven battery that 
exhibit an opacity greater than the applicable

[[Page 118]]

limit in paragraphs (a) and (b) of this section.
    (a) Daily average of 15 percent opacity for a battery on a normal 
coking cycle.
    (b) Daily average of 20 percent opacity for a battery on batterywide 
extended coking.

                 Operation and Maintenance Requirements



Sec.  63.7300  What are my operation and maintenance requirements?

    (a) As required by Sec.  63.6(e)(1)(i), you must always operate and 
maintain your affected source, including air pollution control and 
monitoring equipment, in a manner consistent with good air pollution 
control practices for minimizing emissions at least to the levels 
required by this subpart.
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for the general operation and maintenance 
of new or existing by-product coke oven batteries. Each plan must 
address, at a minimum, the elements listed in paragraphs (b)(1) through 
(6) of this section.
    (1) Frequency and method of recording underfiring gas parameters.
    (2) Frequency and method of recording battery operating temperature, 
including measurement of individual flue and cross-wall temperatures.
    (3) Procedures to prevent pushing an oven before it is fully coked.
    (4) Procedures to prevent overcharging and undercharging of ovens, 
including measurement of coal moisture, coal bulk density, and 
procedures for determining volume of coal charged.
    (5) Frequency and procedures for inspecting flues, burners, and 
nozzles.
    (6) Schedule and procedures for the daily washing of baffles.
    (c) You must prepare and operate at all times according to a written 
operation and maintenance plan for each capture system and control 
device applied to pushing emissions from a new or existing coke oven 
battery. Each plan must address at a minimum the elements in paragraphs 
(c)(1) through (3) of this section.
    (1) Monthly inspections of the equipment that are important to the 
performance of the total capture system (e.g., pressure sensors, 
dampers, and damper switches). This inspection must include observations 
of the physical appearance of the equipment (e.g., presence of holes in 
ductwork or hoods, flow constrictions caused by dents or accumulated 
dust in ductwork, and fan erosion). In the event a defect or deficiency 
is found in the capture system (during a monthly inspection or between 
inspections), you must complete repairs within 30 days after the date 
that the defect or deficiency is discovered. If you determine that the 
repairs cannot be completed within 30 days, you must submit a written 
request for an extension of time to complete the repairs that must be 
received by the permitting authority not more than 20 days after the 
date that the defect or deficiency is discovered. The request must 
contain a description of the defect or deficiency, the steps needed and 
taken to correct the problem, the interim steps being taken to mitigate 
the emissions impact of the defect or deficiency, and a proposed 
schedule for completing the repairs. The request shall be deemed 
approved unless and until such time as the permitting authority notifies 
you that it objects to the request. The permitting authority may 
consider all relevant factors in deciding whether to approve or deny the 
request (including feasibility and safety). Each approved schedule must 
provide for completion of repairs as expeditiously as practicable, and 
the permitting authority may request modifications to the proposed 
schedule as part of the approval process.
    (2) Preventative maintenance for each control device, including a 
preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (3) Corrective action for all baghouses applied to pushing 
emissions. In the event a bag leak detection system alarm is triggered, 
you must initiate corrective action to determine the cause of the alarm 
within 1 hour of the alarm, initiate corrective action to correct the 
cause of the problem within 24 hours of the alarm, and complete the 
corrective action as soon as practicable. Actions may include, but are 
not limited to:

[[Page 119]]

    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective 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.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]

                     General Compliance Requirements



Sec.  63.7310  What are my general requirements for complying with this
subpart?

    (a) You must be in compliance with the emission limitations, work 
practice standards, and operation and maintenance requirements in this 
subpart at all times, except during periods of startup, shutdown, and 
malfunction as defined in Sec.  63.2.
    (b) During the period between the compliance date specified for your 
affected source in Sec.  63.7283 and the date upon which continuous 
monitoring systems have been installed and certified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) You must develop a written startup, shutdown, and malfunction 
plan according to the provisions in Sec.  63.6(e)(3).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

                     Initial Compliance Requirements



Sec.  63.7320  By what date must I conduct performance tests or other
initial compliance demonstrations?

    (a) As required in Sec.  63.7(a)(2), you must conduct a performance 
test to demonstrate compliance with each limit in Sec.  63.7290(a) for 
emissions of particulate matter from a control device applied to pushing 
emissions that applies to you within 180 calendar days after the 
compliance date that is specified in Sec.  63.7283.
    (b) You must conduct performance tests to demonstrate compliance 
with the TDS limit or constituent limit for quench water in Sec.  
63.7295(a)(1) and each opacity limit in Sec.  63.7297(a) for a by-
product coke oven battery stack by the compliance date that is specified 
in Sec.  63.7283.
    (c) For each work practice standard and operation and maintenance 
requirement that applies to you, you must demonstrate initial compliance 
within 30 calendar days after the compliance date that is specified in 
Sec.  63.7283.
    (d) If you commenced construction or reconstruction between July 3, 
2001 and April 14, 2003, you must demonstrate initial compliance with 
either the proposed emission limit or the promulgated emission limit no 
later than October 14, 2003, or no later than 180 calendar days after 
startup of the source, whichever is later, according to Sec.  
63.7(a)(2)(ix).
    (e) If you commenced construction or reconstruction between July 3, 
2001 and April 14, 2003, and you chose to comply with the proposed 
emission limit when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limit by October 11, 2006, or after startup of the source, 
whichever is later, according to Sec.  63.7(a)(2)(ix).



Sec.  63.7321  When must I conduct subsequent performance tests?

    For each control device subject to an emission limit for particulate 
matter in Sec.  63.7290(a), you must conduct subsequent performance 
tests no less frequently than twice (at mid-term and renewal) during 
each term of your title V operating permit.



Sec.  63.7322  What test methods and other procedures must I use to
demonstrate initial compliance with the emission limits for particulate 
matter?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in paragraph (b) of this 
section.
    (b) To determine compliance with the emission limit for particulate 
matter

[[Page 120]]

from a control device applied to pushing emissions where a cokeside shed 
is the capture system, follow the test methods and procedures in 
paragraphs (b)(1) and (2) of this section. To determine compliance with 
a process-weighted mass rate of particulate matter (lb/ton of coke) from 
a control device applied to pushing emissions where a cokeside shed is 
not used, follow the test methods and procedures in paragraphs (b)(1) 
through (4) of this section.
    (1) Determine the concentration of particulate matter according to 
the following test methods in appendix A to 40 CFR part 60.
    (i) Method 1 to select sampling port locations and the number of 
traverse points. Sampling sites must be located at the outlet of the 
control device and prior to any releases to the atmosphere.
    (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of 
the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5 or 5D, as applicable, to determine the concentration of 
front half particulate matter in the stack gas.
    (2) During each particulate matter test run, sample only during 
periods of actual pushing when the capture system fan and control device 
are engaged. Collect a minimum sample volume of 30 dry standard cubic 
feet of gas during each test run. Three valid test runs are needed to 
comprise a performance test. Each run must start at the beginning of a 
push and finish at the end of a push (i.e., sample for an integral 
number of pushes).
    (3) Determine the total combined weight in tons of coke pushed 
during the duration of each test run according to the procedures in your 
source test plan for calculating coke yield from the quantity of coal 
charged to an individual oven.
    (4) Compute the process-weighted mass emissions (Ep) for 
each test run using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR14AP03.001

Where:

Ep = Process weighted mass emissions of particulate matter, 
          lb/ton;
C = Concentration of particulate matter, gr/dscf;
Q = Volumetric flow rate of stack gas, dscf/hr;
T = Total time during a run that a sample is withdrawn from the stack 
          during pushing, hr;
P = Total amount of coke pushed during the test run, tons; and
K = Conversion factor, 7,000 gr/lb.

[68 FR 18025, Apr. 14, 2003, as amended at 70 FR 44289, Aug. 2, 2005]



Sec.  63.7323  What procedures must I use to establish operating limits?

    (a) For a venturi scrubber applied to pushing emissions from a coke 
oven battery, you must establish site-specific operating limits for 
pressure drop and scrubber water flow rate according to the procedures 
in paragraphs (a)(1) and (2) of this section.
    (1) Using the continuous parameter monitoring systems (CPMS) 
required in Sec.  63.7330(b), measure and record the pressure drop and 
scrubber water flow rate for each particulate matter test run during 
periods of pushing. A minimum of one pressure drop measurement and one 
scrubber water flow rate measurement must be obtained for each push.
    (2) Compute and record the average pressure drop and scrubber water 
flow rate for each test run. Your operating limits are the lowest 
average pressure drop and scrubber water flow rate values recorded 
during any of the three runs that meet the applicable emission limit.
    (b) For a hot water scrubber applied to pushing emissions from a 
coke oven battery, you must establish site-specific operating limits for 
water pressure and water temperature according to the procedures in 
paragraphs (b)(1) and (2) of this section.
    (1) Using the CPMS required in Sec.  63.7330(c), measure and record 
the hot water pressure and temperature for each particulate matter test 
run during periods of pushing. A minimum of one pressure measurement and 
one temperature measurement must be

[[Page 121]]

made just prior to each push by monitoring the hot water holding tank on 
the mobile scrubber car.
    (2) Compute and record the average water pressure and temperature 
for each test run. Your operating limits are the lowest pressure and 
temperature values recorded during any of the three runs that meet the 
applicable emission limit.
    (c) For a capture system applied to pushing emissions from a coke 
oven battery, you must establish a site-specific operating limit 
according to the procedures in paragraphs (c)(1), (2), or (3) of this 
section.
    (1) If you elect the operating limit in Sec.  63.7290(b)(3) for 
volumetric flow rate, measure and record the total volumetric flow rate 
at the inlet of the control device during each push sampled for each 
particulate matter test run. Your operating limit is the lowest 
volumetric flow rate recorded during any of the three runs that meet the 
emission limit.
    (2) If you elect the operating limit in Sec.  63.7290(b)(3)(i) for 
fan motor amperes, measure and record the fan motor amperes during each 
push sampled for each particulate matter test run. Your operating limit 
is the lowest fan motor amperes recorded during any of the three runs 
that meet the emission limit.
    (3) If you elect the operating limit in Sec.  63.7290(b)(3)(ii) for 
static pressure or fan RPM, measure and record the static pressure at 
the inlet of the control device or fan RPM during each push sampled for 
each particulate matter test run. Your operating limit for static 
pressure is the minimum vacuum recorded during any of the three runs 
that meets the emission limit. Your operating limit for fan RPM is the 
lowest fan RPM recorded during any of the three runs that meets the 
emission limit.
    (d) For a multicyclone applied to pushing emissions from a coke oven 
battery, you must establish a site-specific operating limit for pressure 
drop according to the procedures in paragraphs (d)(1) and (2) of this 
section.
    (1) Using the CPMS required in Sec.  63.7330(f), measure and record 
the pressure drop for each particulate matter test run during periods of 
pushing. A minimum of one pressure drop measurement must be obtained for 
each push.
    (2) Compute and record the average pressure drop for each test run. 
Your operating limit is the highest average pressure drop value recorded 
during any of the three runs that meet the emission limit.
    (e) You may change the operating limit for a venturi scrubber, 
capture system, or mobile control device that captures emissions during 
pushing if you meet the requirements in paragraphs (e)(1) through (3) of 
this section.
    (1) Submit a written notification to the Administrator of your 
request to conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate that emissions of 
particulate matter from the control device do not exceed the applicable 
limit in Sec.  63.7290(a).
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) through (d) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60818, Oct. 13, 2004]



Sec.  63.7324  What procedures must I use to demonstrate initial compliance
with the opacity limits?

    (a) You must conduct each performance test that applies to your 
affected source according to the requirements in paragraph (b) of this 
section.
    (b) To determine compliance with the daily average opacity limit for 
stacks of 15 percent for a by-product coke oven battery on a normal 
coking cycle or 20 percent for a by-product coke oven battery on 
batterywide extended coking, follow the test methods and procedures in 
paragraphs (b)(1) through (3) of this section.
    (1) Using the continuous opacity monitoring system (COMS) required 
in Sec.  63.7330(e), measure and record the opacity of emissions from 
each battery stack for a 24-hour period.
    (2) Reduce the monitoring data to hourly averages as specified in 
Sec.  63.8(g)(2).
    (3) Compute and record the 24-hour (daily) average of the COMS data.

[[Page 122]]



Sec.  63.7325  What test methods and other procedures must I use to 
demonstrate initial compliance with the TDS or constituent limits for
quench water?

    (a) If you elect the TDS limit for quench water in Sec.  
63.7295(a)(1)(i), you must conduct each performance test that applies to 
your affected source according to the conditions in paragraphs (a)(1) 
and (2) of this section.
    (1) Take the quench water sample from a location that provides a 
representative sample of the quench water as applied to the coke (e.g., 
from the header that feeds water to the quench tower reservoirs). 
Conduct sampling under normal and representative operating conditions.
    (2) Determine the TDS concentration of the sample using Method 160.1 
in 40 CFR part 136.3 (see ``residue--filterable''), except that you must 
dry the total filterable residue at 103 to 105 [deg]C (degrees 
Centigrade) instead of 180 [deg]C.
    (b) If at any time you elect to meet the alternative requirements 
for quench water in Sec.  63.7295(a)(1)(ii), you must establish a site-
specific constituent limit according to the procedures in paragraphs 
(b)(1) through (4) of this section.
    (1) Take a minimum of nine quench water samples from a location that 
provides a representative sample of the quench water as applied to the 
coke (e.g., from the header that feeds water to the quench tower 
reservoirs). Conduct sampling under normal and representative operating 
conditions.
    (2) For each sample, determine the TDS concentration according to 
the requirements in paragraph (a)(2) of this section and the 
concentration of benzene, benzo(a)pyrene, and naphthalene using the 
applicable methods in 40 CFR part 136 or an approved alternative method.
    (3) Determine and record the highest sum of the concentrations of 
benzene, benzo(a)pyrene, and naphthalene in any sample that has a TDS 
concentration less than or equal to the TDS limit of 1,100 mg/L. This 
concentration is the site-specific constituent limit.
    (4) Submit the site-specific limit, sampling results, and all 
supporting data and calculations to your permitting authority for review 
and approval.
    (c) If you elect the constituent limit for quench water in Sec.  
63.7295(a)(1)(ii), you must conduct each performance test that applies 
to your affected source according to the conditions in paragraphs (c)(1) 
and (2) of this section.
    (1) Take a quench water sample from a location that provides a 
representative sample of the quench water as applied to the coke (e.g., 
from the header that feeds water to the quench tower reservoirs). 
Conduct sampling under normal and representative operating conditions.
    (2) Determine the sum of the concentration of benzene, 
benzo(a)pyrene, and naphthalene in the sample using the applicable 
methods in 40 CFR part 136 or an approved alternative method.



Sec.  63.7326  How do I demonstrate initial compliance with the emission
limitations that apply to me?

    (a) For each coke oven battery subject to the emission limit for 
particulate matter from a control device applied to pushing emissions, 
you have demonstrated initial compliance if you meet the requirements in 
paragraphs (a)(1) through (4) of this section that apply to you.
    (1) The concentration of particulate matter, measured in accordance 
with the performance test procedures in Sec.  63.7322(b)(1) and (2), did 
not exceed 0.01 gr/dscf for a control device where a cokeside shed is 
used to capture pushing emissions or the process-weighted mass rate of 
particulate matter (lb/ton of coke), measured in accordance with the 
performance test procedures in Sec.  63.7322(b)(1) through (4), did not 
exceed:
    (i) 0.02 lb/ton of coke if a moveable hood vented to a stationary 
control device is used to capture emissions;
    (ii) If a mobile scrubber car that does not capture emissions during 
travel is used, 0.03 lb/ton of coke from a control device applied to 
pushing emissions from a short coke oven battery or 0.01 lb/ton of coke 
from a control device applied to pushing emissions from a tall coke oven 
battery; and
    (iii) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.

[[Page 123]]

    (2) For each venturi scrubber applied to pushing emissions, you have 
established appropriate site-specific operating limits and have a record 
of the pressure drop and scrubber water flow rate measured during the 
performance test in accordance with Sec.  63.7323(a).
    (3) For each hot water scrubber applied to pushing emissions, you 
have established appropriate site-specific operating limits and have a 
record of the water pressure and temperature measured during the 
performance test in accordance with Sec.  63.7323(b).
    (4) For each capture system applied to pushing emissions, you have 
established an appropriate site-specific operating limit, and:
    (i) If you elect the operating limit in Sec.  63.7290(b)(3) for 
volumetric flow rate, you have a record of the total volumetric flow 
rate at the inlet of the control device measured during the performance 
test in accordance with Sec.  63.7323(c)(1); or
    (ii) If you elect the operating limit in Sec.  63.7290(b)(3)(i) for 
fan motor amperes, you have a record of the fan motor amperes during the 
performance test in accordance with Sec.  63.7323(c)(2); or
    (iii) If you elect the operating limit in Sec.  63.7290(b)(3)(ii) 
for static pressure or fan RPM, you have a record of the static pressure 
at the inlet of the control device or fan RPM measured during the 
performance test in accordance with Sec.  63.7323(c)(3).
    (5) For each multicyclone applied to pushing emissions, you have 
established an appropriate site-specific operating limit and have a 
record of the pressure drop measured during the performance test in 
accordance with Sec.  63.7323(d).
    (b) For each new or existing by-product coke oven battery subject to 
the opacity limit for stacks in Sec.  63.7296(a), you have demonstrated 
initial compliance if the daily average opacity, as measured according 
to the performance test procedures in Sec.  63.7324(b), is no more than 
15 percent for a battery on a normal coking cycle or 20 percent for a 
battery on batterywide extended coking.
    (c) For each new or existing by-product coke oven battery subject to 
the TDS limit or constituent limits for quench water in Sec.  
63.7295(a)(1),
    (1) You have demonstrated initial compliance with the TDS limit in 
Sec.  63.7295(a)(1)(i) if the TDS concentration, as measured according 
to the performance test procedures in Sec.  63.7325(a), does not exceed 
1,100 mg/L.
    (2) You have demonstrated initial compliance with the constituent 
limit in Sec.  63.7295(a)(1)(ii) if:
    (i) You have established a site-specific constituent limit according 
to the procedures in Sec.  63.7325(b); and
    (ii) The sum of the constituent concentrations, as measured 
according to the performance test procedures in Sec.  63.7325(c), is 
less than or equal to the site-specific limit.
    (d) For each by-product coke oven battery stack subject to an 
opacity limit in Sec.  63.7296(a) and each by-product coke oven battery 
subject to the requirements for quench water in Sec.  63.7295(a)(1), you 
must submit a notification of compliance status containing the results 
of the COMS performance test for battery stacks and the quench water 
performance test (TDS or constituent limit) according to Sec.  
63.7340(e)(1). For each particulate matter emission limitation that 
applies to you, you must submit a notification of compliance status 
containing the results of the performance test according to Sec.  
63.7340(e)(2).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec.  63.7327  How do I demonstrate initial compliance with the work
practice standards that apply to me?

    (a) For each by-product coke oven battery with vertical flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec.  63.7291(a), you have demonstrated initial compliance if you 
certify in your notification of compliance status that you will meet 
each of the work practice requirements beginning no later than the 
compliance date that is specified in Sec.  63.7283.
    (b) For each by-product coke oven battery with horizontal flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec.  63.7292(a), you have demonstrated initial compliance if you have 
met the requirements of paragraphs (b)(1) and (2) of this section:

[[Page 124]]

    (1) You have prepared and submitted a written plan and supporting 
documentation establishing appropriate minimum flue temperatures for 
different coking times and the lowest acceptable temperature to the 
Administrator (or delegated authority) for review and approval; and
    (2) You certify in your notification of compliance status that you 
will meet each of the work practice requirements beginning no later than 
the compliance date that is specified in Sec.  63.7283.
    (c) For each non-recovery coke oven battery subject to the work 
practice standards for fugitive pushing emissions in Sec.  63.7293(a), 
you have demonstrated initial compliance if you certify in your 
notification of compliance status that you will meet each of the work 
practice requirements beginning no later than the compliance date that 
is specified in Sec.  63.7283.
    (d) For each by-product coke oven battery subject to the work 
practice standards for soaking in Sec.  63.7294, you have demonstrated 
initial compliance if you have met the requirements of paragraphs (d)(1) 
and (2) of this section:
    (1) You have prepared and submitted a written work practice plan in 
accordance with Sec.  63.7294(a); and
    (2) You certify in your notification of compliance status that you 
will meet each of the work practice requirements beginning no later than 
the compliance date that is specified in Sec.  63.7283.
    (e) For each coke oven battery, you have demonstrated initial 
compliance with the work practice standards for quenching in Sec.  
63.7295(b) if you certify in your notification of compliance status that 
you have met the requirements of paragraphs (e)(1) and (2) of this 
section:
    (1) You have installed the required equipment in each quench tower; 
and
    (2) You will meet each of the work practice requirements beginning 
no later than the compliance date that is specified in Sec.  63.7283.
    (f) For each work practice standard that applies to you, you must 
submit a notification of compliance status according to the requirements 
in Sec.  63.7340(e)(1).



Sec.  63.7328  How do I demonstrate initial compliance with the operation
and maintenance requirements that apply to me?

    You have demonstrated initial compliance if you certify in your 
notification of compliance status that you have met the requirements of 
paragraphs (a) through (d) of this section:
    (a) You have prepared the operation and maintenance plans according 
to the requirements in Sec.  63.7300(b) and (c);
    (b) You will operate each by-product coke oven battery and each 
capture system and control device applied to pushing emissions from a 
coke oven battery according to the procedures in the plans beginning no 
later than the compliance date that is specified in Sec.  63.7283;
    (c) You have prepared a site-specific monitoring plan according to 
the requirements in Sec.  63.7331(b); and
    (d) You submit a notification of compliance status according to the 
requirements in Sec.  63.7340(e).

                   Continuous Compliance Requirements



Sec.  63.7330  What are my monitoring requirements?

    (a) For each baghouse applied to pushing emissions from a coke oven 
battery, you must at all times monitor the relative change in 
particulate matter loadings using a bag leak detection system according 
to the requirements in Sec.  63.7331(a) and conduct inspections at their 
specified frequency according to the requirements in paragraphs (a)(1) 
through (8) of this section.
    (1) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range identified in 
the manual;
    (2) Confirm that dust is being removed from hoppers through weekly 
visual inspections or equivalent means of ensuring the proper 
functioning of removal mechanisms;
    (3) Check the compressed air supply for pulse-jet baghouses each 
day;
    (4) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology;
    (5) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspection or equivalent means;

[[Page 125]]

    (6) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are not kinked (kneed or bent) 
or laying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices;
    (7) Confirm the physical integrity of the baghouse through quarterly 
visual inspections of the baghouse interior for air leaks; and
    (8) Inspect fans for wear, material buildup, and corrosion through 
quarterly visual inspections, vibration detectors, or equivalent means.
    (b) For each venturi scrubber applied to pushing emissions, you must 
at all times monitor the pressure drop and water flow rate using a CPMS 
according to the requirements in Sec.  63.7331(e).
    (c) For each hot water scrubber applied to pushing emissions, you 
must at all times monitor the water pressure and temperature using a 
CPMS according to the requirements in Sec.  63.7331(f).
    (d) For each capture system applied to pushing emissions, you must 
at all times monitor the volumetric flow rate according to the 
requirements in Sec.  63.7331(g), the fan motor amperes according to the 
requirements in Sec.  63.7331(h), or the static pressure or the fan RPM 
according to the requirements in Sec.  63.7331(i).
    (e) For each by-product coke oven battery, you must monitor at all 
times the opacity of emissions exiting each stack using a COMS according 
to the requirements in Sec.  63.7331(j).
    (f) For each multicyclone applied to pushing emissions, you must 
monitor at all times the pressure drop using a CPMS according to the 
requirements in Sec.  63.7331(k).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec.  63.7331  What are the installation, operation, and maintenance
requirements for my monitors?

    (a) For each baghouse applied to pushing emissions, you must 
install, operate, and maintain each bag leak detection system according 
to the requirements in paragraphs (a)(1) through (7) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less;
    (2) The system must provide output of relative changes in 
particulate matter loadings;
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over a preset 
level. The alarm must be located such that it can be heard by the 
appropriate plant personnel;
    (4) Each system that works based on the triboelectric effect must be 
installed, operated, and maintained in a manner consistent with the 
guidance document, ``Fabric Filter Bag Leak Detection Guidance'' (EPA-
454/R-98-015, September 1997). You may install, operate, and maintain 
other types of bag leak detection systems in a manner consistent with 
the manufacturer's written specifications and recommendations;
    (5) To make the initial adjustment of the system, establish the 
baseline output by adjusting the sensitivity (range) and the averaging 
period of the device. Then, establish the alarm set points and the alarm 
delay time;
    (6) Following the initial adjustment, do not adjust the sensitivity 
or range, averaging period, alarm set points, or alarm delay time, 
except as detailed in your operation and maintenance plan. Do not 
increase the sensitivity by more than 100 percent or decrease the 
sensitivity by more than 50 percent over a 365-day period unless a 
responsible official certifies, in writing, that the baghouse has been 
inspected and found to be in good operating condition; and
    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (b) For each CPMS required in Sec.  63.7330, you must develop and 
make available for inspection upon request by the permitting authority a 
site-specific monitoring plan that addresses the requirements in 
paragraphs (b)(1) through (6) of this section.
    (1) Installation of the CPMS sampling probe or other interface at a 
measurement location relative to each affected process unit such that 
the

[[Page 126]]

measurement is representative of control of the exhaust emissions (e.g., 
on or downstream of the last control device);
    (2) Performance and equipment specifications for the sample 
interface, the parametric signal analyzer, and the data collection and 
reduction system;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations);
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec.  63.8(c)(1), (3), (4)(ii), (7), 
and (8);
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d); and
    (6) Ongoing recordkeeping and reporting procedures in accordance the 
general requirements of Sec. Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (c) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (d) You must operate and maintain the CPMS in continuous operation 
according to the site-specific monitoring plan.
    (e) For each venturi scrubber applied to pushing emissions, you must 
install, operate, and maintain CPMS to measure and record the pressure 
drop across the scrubber and scrubber water flow rate during each push 
according to the requirements in paragraphs (b) through (d) of this 
section except as specified in paragraphs (e)(1) through (3) of this 
section.
    (1) Each CPMS must complete a measurement at least once per push;
    (2) Each CPMS must produce valid data for all pushes; and
    (3) Each CPMS must determine and record the daily (24-hour) average 
of all recorded readings.
    (f) For each hot water scrubber applied to pushing emissions, you 
must install, operate, and maintain CPMS to measure and record the water 
pressure and temperature during each push according to the requirements 
in paragraphs (b) through (d) of this section, except as specified in 
paragraphs (e)(1) through (3) of this section.
    (g) If you elect the operating limit in Sec.  63.7290(b)(3) for a 
capture system applied to pushing emissions, you must install, operate, 
and maintain a device to measure the total volumetric flow rate at the 
inlet of the control device.
    (h) If you elect the operating limit in Sec.  63.7290(b)(3)(i) for a 
capture system applied to pushing emissions, you must install, operate, 
and maintain a device to measure the fan motor amperes.
    (i) If you elect the operating limit in Sec.  63.7290(b)(3)(ii) for 
a capture system applied to pushing emissions, you must install, operate 
and maintain a device to measure static pressure at the inlet of the 
control device or the fan RPM.
    (j) For each by-product coke oven battery, you must install, 
operate, and maintain a COMS to measure and record the opacity of 
emissions exiting each stack according to the requirements in paragraphs 
(j)(1) through (5) of this section.
    (1) You must install, operate, and maintain each COMS according to 
the requirements in Sec.  63.8(e) and Performance Specification 1 in 40 
CFR part 60, appendix B. Identify periods the COMS is out-of-control, 
including any periods that the COMS fails to pass a daily calibration 
drift assessment, quarterly performance audit, or annual zero alignment 
audit.
    (2) You must conduct a performance evaluation of each COMS according 
to the requirements in Sec.  63.8 and Performance Specification 1 in 
appendix B to 40 CFR part 60;
    (3) You must develop and implement a quality control program for 
operating and maintaining each COMS according to the requirements in 
Sec.  63.8(d). At minimum, the quality control program must include a 
daily calibration drift assessment, quarterly performance audit, and an 
annual zero alignment audit of each COMS;
    (4) Each COMS must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period. You must reduce the COMS 
data as specified in Sec.  63.8(g)(2).
    (5) You must determine and record the hourly and daily (24-hour) 
average opacity according to the procedures in Sec.  63.7324(b) using 
all the 6-minute averages collected for periods during which the COMS is 
not out-of-control.

[[Page 127]]

    (k) For each multicyclone applied to pushing emissions, you must 
install, operate, and maintain CPMS to measure and record the pressure 
drop across each multicyclone during each push according to the 
requirements in paragraphs (b) through (d) of this section except as 
specified in paragraphs (e)(1) through (3) of this section.

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]



Sec.  63.7332  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times the affected source is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels, or in fulfilling a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance. A monitoring malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitor to provide 
valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.



Sec.  63.7333  How do I demonstrate continuous compliance with the emission
limitations that apply to me?

    (a) For each control device applied to pushing emissions and subject 
to the emission limit in Sec.  63.7290(a), you must demonstrate 
continuous compliance by meeting the requirements in paragraphs (a)(1) 
and (2) of this section:
    (1) Maintaining emissions of particulate matter at or below the 
applicable limits in paragraphs Sec.  63.7290(a)(1) through (4); and
    (2) Conducting subsequent performance tests to demonstrate 
continuous compliance no less frequently than twice during each term of 
your title V operating permit (at mid-term and renewal).
    (b) For each venturi scrubber applied to pushing emissions and 
subject to the operating limits in Sec.  63.7290(b)(1), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Maintaining the daily average pressure drop and scrubber water 
flow rate at levels no lower than those established during the initial 
or subsequent performance test.
    (2) Operating and maintaining each CPMS according to Sec.  
63.7331(b) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according to Sec.  63.7331(e)(1) through (3).
    (c) For each hot water scrubber applied to pushing emissions and 
subject to the operating limits in Sec.  63.7290(b)(2), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (c)(1) through (3) of this section.
    (1) Maintaining the daily average water pressure and temperature at 
levels no lower than those established during the initial or subsequent 
performance test.
    (2) Operating and maintaining each CPMS according to Sec.  
63.7331(b) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for water pressure and 
temperature according to Sec.  63.7331(f).
    (d) For each capture system applied to pushing emissions and subject 
to the operating limit in Sec.  63.7290(b)(3), you must demonstrate 
continuous compliance by meeting the requirements in paragraph (d)(1), 
(2), or (3) of this section:
    (1) If you elect the operating limit for volumetric flow rate in 
Sec.  63.7290(b)(3):
    (i) Maintaining the daily average volumetric flow rate at the inlet 
of the control device at or above the minimum level established during 
the initial or subsequent performance test; and

[[Page 128]]

    (ii) Checking the volumetric flow rate at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (2) If you elect the operating limit for fan motor amperes in Sec.  
63.7290(b)(3)(i):
    (i) Maintaining the daily average fan motor amperages at or above 
the minimum level established during the initial or subsequent 
performance test; and
    (ii) Checking the fan motor amperage at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (3) If you elect the operating limit for static pressure or fan RPM 
in Sec.  63.7290(b)(3)(ii):
    (i) Maintaining the daily average static pressure at the inlet to 
the control device at an equal or greater vacuum than established during 
the initial or subsequent performance test or the daily average fan RPM 
at or above the minimum level established during the initial or 
subsequent performance test; and
    (ii) Checking the static pressure or fan RPM at least every 8 hours 
to verify the daily average static pressure at the inlet to the control 
device is at an equal or greater vacuum than established during the 
initial or subsequent performance test or the daily average fan RPM is 
at or above the minimum level established during the initial or 
subsequent performance test and recording the results of each check.
    (e) Beginning on the first day compliance is required under Sec.  
63.7283, you must demonstrate continuous compliance for each by-product 
coke oven battery subject to the opacity limit for stacks in Sec.  
63.7296(a) by meeting the requirements in paragraphs (e)(1) and (2) of 
this section:
    (1) Maintaining the daily average opacity at or below 15 percent for 
a battery on a normal coking cycle or 20 percent for a battery on 
batterywide extended coking; and
    (2) Operating and maintaining a COMS and collecting and reducing the 
COMS data according to Sec.  63.7331(j).
    (f) Beginning on the first day compliance is required under Sec.  
63.7283, you must demonstrate continuous compliance with the TDS limit 
for quenching in Sec.  63.7295(a)(1)(i) by meeting the requirements in 
paragraphs (f)(1) and (2) of this section:
    (1) Maintaining the TDS content of the water used to quench hot coke 
at 1,100 mg/L or less; and
    (2) Determining the TDS content of the quench water at least weekly 
according to the requirements in Sec.  63.7325(a) and recording the 
sample results.
    (g) Beginning on the first day compliance is required under Sec.  
63.7283, you must demonstrate continuous compliance with the constituent 
limit for quenching in Sec.  63.7295(a)(1)(ii) by meeting the 
requirements in paragraphs (g)(1) and (2) of this section:
    (1) Maintaining the sum of the concentrations of benzene, 
benzo(a)pyrene, and naphthalene in the water used to quench hot coke at 
levels less than or equal to the site-specific limit approved by the 
permitting authority; and
    (2) Determining the sum of the constituent concentrations at least 
monthly according to the requirements in Sec.  63.7325(c) and recording 
the sample results.
    (h) For each multicyclone applied to pushing emissions and subject 
to the operating limit in Sec.  63.7290(b)(4), you must demonstrate 
compliance by meeting the requirements in paragraphs (h)(1) through (3) 
of this section.
    (1) Maintaining the daily average pressure drop at a level at or 
below the level established during the initial or subsequent performance 
test.
    (2) Operating and maintaining each CPMS according to Sec.  
63.7331(k) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for pressure drop 
according to Sec.  63.7331(e)(1) through (3).

[68 FR 18025, Apr. 14, 2003, as amended at 69 FR 60819, Oct. 13, 2004]

[[Page 129]]



Sec.  63.7334  How do I demonstrate continuous compliance with the work
practice standards that apply to me?

    (a) For each by-product coke oven battery with vertical flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec.  63.7291(a), you must demonstrate continuous compliance according 
to the requirements of paragraphs (a)(1) through (8) of this section:
    (1) Observe and record the opacity of fugitive emissions for four 
consecutive pushes per operating day, except you may make fewer or non-
consecutive observations as permitted by Sec.  63.7291(a)(3). Maintain 
records of the pushing schedule for each oven and records indicating the 
legitimate operational reason for any change in the pushing schedule 
according to Sec.  63.7291(a)(4).
    (2) Observe and record the opacity of fugitive emissions from each 
oven in a battery at least once every 90 days. If an oven cannot be 
observed during a 90-day period, observe and record the opacity of the 
first push of that oven following the close of the 90-day period that 
can be read in accordance with the procedures in paragraphs (a)(1) 
through (8) of this section.
    (3) Make all observations and calculations for opacity observations 
of fugitive pushing emissions in accordance with Method 9 in appendix A 
to 40 CFR part 60 using a Method 9 certified observer unless you have an 
approved alternative procedure under paragraph (a)(7) of this section.
    (4) Record pushing opacity observations at 15-second intervals as 
required in section 2.4 of Method 9 (appendix A to 40 CFR part 60). The 
requirement in section 2.4 of Method 9 for a minimum of 24 observations 
does not apply, and the data reduction requirements in section 2.5 of 
Method 9 do not apply. The requirement in Sec.  63.6(h)(5)(ii)(B) for 
obtaining at least 3 hours of observations (thirty 6-minute averages) to 
demonstrate initial compliance does not apply.
    (5) If fewer than six but at least four 15-second observations can 
be made, use the average of the total number of observations to 
calculate average opacity for the push. Missing one or more observations 
during the push (e.g., as the quench car passes behind a building) does 
not invalidate the observations before or after the interference for 
that push. However, a minimum of four 15-second readings must be made 
for a valid observation.
    (6) Begin observations for a push at the first detectable movement 
of the coke mass. End observations of a push when the quench car enters 
the quench tower.
    (i) For a battery without a cokeside shed, observe fugitive pushing 
emissions from a position at least 10 meters from the quench car that 
provides an unobstructed view and avoids interferences from the topside 
of the battery. This may require the observer to be positioned at an 
angle to the quench car rather than perpendicular to it. Typical 
interferences to avoid include emissions from open standpipes and 
charging. Observe the opacity of emissions above the battery top with 
the sky as the background where possible. Record the oven number of any 
push not observed because of obstructions or interferences.
    (ii) For a battery with a cokeside shed, the observer must be in a 
position that provides an unobstructed view and avoids interferences 
from the topside of the battery. Typical interferences to avoid include 
emissions from open standpipes and charging. Observations must include 
any fugitive emissions that escape from the top of the shed, from the 
ends of the shed, or from the area where the shed is joined to the 
battery. If the observer does not have a clear view to identify when a 
push starts or ends, a second person can be positioned to signal the 
start or end of the push and notify the observer when to start or end 
the observations. Radio communications with other plant personnel (e.g., 
pushing ram operator or quench car operator) may also serve to notify 
the observer of the start or end of a push. Record the oven number of 
any push not observed because of obstructions or interferences.
    (iii) You may reposition after the push to observe emissions during 
travel if necessary.
    (7) If it is infeasible to implement the procedures in paragraphs 
(a)(1) through (6) of this section for an oven due to

[[Page 130]]

physical obstructions, nighttime pushes, or other reasons, you may apply 
to your permitting authority for permission to use an alternative 
procedure. The application must provide a detailed explanation of why it 
is infeasible to use the procedures in paragraphs (a)(1) through (6) of 
this section, identify the oven and battery numbers, and describe the 
alternative procedure. An alternative procedure must identify whether 
the coke in that oven is not completely coked, either before, during, or 
after an oven is pushed.
    (8) For each oven observed that exceeds an opacity of 30 percent for 
any short battery or 35 percent for any tall battery, you must take 
corrective action and/or increase the coking time in accordance with 
Sec.  63.7291(a). Maintain records documenting conformance with the 
requirements in Sec.  63.7291(a).
    (b) For each by-product coke oven battery with horizontal flues 
subject to the work practice standards for fugitive pushing emissions in 
Sec.  63.7292(a), you must demonstrate continuous compliance by having 
met the requirements of paragraphs (b)(1) through (3) of this section:
    (1) Measuring and recording the temperature of all flues on two 
ovens per day within 2 hours before the oven's scheduled pushing time 
and ensuring that the temperature of each oven is measured and recorded 
at least once every month;
    (2) Recording the time each oven is charged and pushed and 
calculating and recording the net coking time for each oven; and
    (3) Increasing the coking time for each oven that falls below the 
minimum flue temperature trigger established for that oven's coking time 
in the written plan required in Sec.  63.7292(a)(1), assigning the oven 
to the oven-directed program, and recording all relevant information 
according to the requirements in Sec.  63.7292(a)(4) including, but not 
limited to, daily pushing schedules, diagnostic procedures, corrective 
actions, and oven repairs.
    (c) For each non-recovery coke oven battery subject to the work 
practice standards in Sec.  63.7293(a), you must demonstrate continuous 
compliance by maintaining records that document each visual inspection 
of an oven prior to pushing and that the oven was not pushed unless 
there was no smoke in the open space above the coke bed and there was an 
unobstructed view of the door on the opposite side of the oven.
    (d) For each by-product coke oven battery subject to the work 
practice standard for soaking in Sec.  63.7294(a), you must demonstrate 
continuous compliance by maintaining records that document conformance 
with requirements in Sec.  63.7294(a)(1) through (5).
    (e) For each coke oven battery subject to the work practice standard 
for quenching in Sec.  63.7295(b), you must demonstrate continuous 
compliance according to the requirements of paragraphs (e)(1) through 
(3) of this section:
    (1) Maintaining baffles in each quench tower such that no more than 
5 percent of the cross-sectional area of the tower is uncovered or open 
to the sky as required in Sec.  63.7295(b)(1);
    (2) Maintaining records that document conformance with the washing, 
inspection, and repair requirements in Sec.  63.7295(b)(2), including 
records of the ambient temperature on any day that the baffles were not 
washed; and
    (3) Maintaining records of the source of makeup water to document 
conformance with the requirement for acceptable makeup water in Sec.  
63.7295(a)(2).



Sec.  63.7335  How do I demonstrate continuous compliance with the
operation and maintenance requirements that apply to me?

    (a) For each by-product coke oven battery, you must demonstrate 
continuous compliance with the operation and maintenance requirements in 
Sec.  63.7300(b) by adhering at all times to the plan requirements and 
recording all information needed to document conformance.
    (b) For each coke oven battery with a capture system or control 
device applied to pushing emissions, you must demonstrate continuous 
compliance with the operation and maintenance requirements in Sec.  
63.7300(c) by meeting the requirements of paragraphs (b)(1) through (3) 
of this section:
    (1) Making monthly inspections of capture systems according to Sec.  
63.7300(c)(1) and recording all information needed to document 
conformance with these requirements;

[[Page 131]]

    (2) Performing preventative maintenance for each control device 
according to Sec.  63.7300(c)(2) and recording all information needed to 
document conformance with these requirements; and
    (3) Initiating and completing corrective action for a bag leak 
detection system alarm according to Sec.  63.7300(c)(3) and recording 
all information needed to document conformance with these requirements. 
This includes records of the times the bag leak detection system alarm 
sounds, and for each valid alarm, the time you initiated corrective 
action, the corrective action(s) taken, and the date on which corrective 
action is completed.
    (c) To demonstrate continuous compliance with the operation and 
maintenance requirements for a baghouse applied to pushing emissions 
from a coke oven battery in Sec.  63.7331(a), you must inspect and 
maintain each baghouse according to the requirements in Sec.  
63.7331(a)(1) through (8) and record all information needed to document 
conformance with these requirements. If you increase or decrease the 
sensitivity of the bag leak detection system beyond the limits specified 
in Sec.  63.7331(a)(6), you must include a copy of the required written 
certification by a responsible official in the next semiannual 
compliance report.
    (d) You must maintain a current copy of the operation and 
maintenance plans required in Sec.  63.7300(b) and (c) onsite and 
available for inspection upon request. You must keep the plans for the 
life of the affected source or until the affected source is no longer 
subject to the requirements of this subpart.



Sec.  63.7336  What other requirements must I meet to demonstrate
continuous compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emission limitation in this subpart that applies to you. This 
includes periods of startup, shutdown, and malfunction. You must also 
report each instance in which you did not meet each work practice 
standard or operation and maintenance requirement in this subpart that 
applies to you. These instances are deviations from the emission 
limitations (including operating limits), work practice standards, and 
operation and maintenance requirements in this subpart. These deviations 
must be reported according to the requirements in Sec.  63.7341.
    (b) Startup, shutdowns, and malfunctions. (1) Consistent with 
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a period 
of startup, shutdown, or malfunction are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with Sec.  63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec.  63.6(e).

[68 FR 18025, Apr. 14, 2003, as amended at 71 FR 20467, Apr. 20, 2006]

                   Notification, Reports, and Records



Sec.  63.7340  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e) and (f)(4), and 63.9(b) 
through (h) that apply to you by the specified dates.
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before April 14, 2003, you must submit your initial notification 
no later than August 12, 2003, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
    (c) As specified in Sec.  63.9(b)(3), if you startup your new 
affected source on or after April 14, 2003, you must submit your initial 
notification no later than 120 calendar days after you become subject to 
this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec.  63.7(b)(1).
    (e) If you are required to conduct a performance test, opacity 
observation, or other initial compliance demonstration, you must submit 
a notification of compliance status according to Sec.  63.9(h)(2)(ii).
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th

[[Page 132]]

calendar day following the completion of the initial compliance 
demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following completion of the performance test 
according to Sec.  63.10(d)(2).
    (f) For each by-product coke oven battery with horizontal flues, you 
must notify the Administrator (or delegated authority) of the date on 
which the study of flue temperatures required by Sec.  63.7292(a)(3) 
will be initiated. You must submit this notification no later than 7 
days prior to the date you initiate the study.

[68 FR 18025, Apr. 14, 2003, as amended at 85 FR 73913, Nov. 19, 2020]



Sec.  63.7341  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit quarterly compliance 
reports for battery stacks and semiannual compliance reports for all 
other affected sources to your permitting authority according to the 
requirements in paragraphs (a)(1) through (4) of this section.
    (1) The first quarterly compliance report for battery stacks must 
cover the period beginning on the compliance date that is specified for 
your affected source in Sec.  63.7283 and ending on the last date of the 
third calendar month. Each subsequent compliance report must cover the 
next calendar quarter.
    (2) The first semiannual compliance report must cover the period 
beginning on the compliance date that is specified for your affected 
source in Sec.  63.7283 and ending on June 30 or December 31, whichever 
date comes first after the compliance date that is specified for your 
affected source. Each subsequent compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31.
    (3) All quarterly compliance reports for battery stacks must be 
postmarked or delivered no later than one calendar month following the 
end of the quarterly reporting period. All semiannual compliance reports 
must be postmarked or delivered no later than July 31 or January 31, 
whichever date is the first date following the end of the semiannual 
reporting period.
    (4) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (a)(1) through (3) of 
this section.
    (b) Quarterly compliance report contents. Each quarterly report must 
provide information on compliance with the emission limitations for 
battery stacks in Sec.  63.7296. The reports must include the 
information in paragraphs (c)(1) through (3), and as applicable, 
paragraphs (c)(4) through (8) of this section.
    (c) Semiannual compliance report contents. Each compliance report 
must provide information on compliance with the emission limitations, 
work practice standards, and operation and maintenance requirements for 
all affected sources except battery stacks. The reports must include the 
information in paragraphs (c)(1) through (3) of this section, and as 
applicable, paragraphs (c)(4) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with the official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If you had a startup, shutdown, or malfunction during the 
reporting period and you took actions consistent with your startup, 
shutdown, and malfunction plan, the compliance report must include the 
information in Sec.  63.10(d)(5)(i).
    (5) If there were no deviations from the continuous compliance 
requirements in Sec.  63.7333(e) for battery stacks, a statement that 
there were no deviations from the emission limitations

[[Page 133]]

during the reporting period. If there were no deviations from the 
continuous compliance requirements in Sec. Sec.  63.7333 through 63.7335 
that apply to you (for all affected sources other than battery stacks), 
a statement that there were no deviations from the emission limitations, 
work practice standards, or operation and maintenance requirements 
during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including COMS, continuous emission monitoring system (CEMS), or 
CPMS) was out-of-control as specified in Sec.  63.8(c)(7), a statement 
that there were no periods during which a continuous monitoring system 
was out-of-control during the reporting period.
    (7) For each deviation from an emission limitation in this subpart 
(including quench water limits) and for each deviation from the 
requirements for work practice standards in this subpart that occurs at 
an affected source where you are not using a continuous monitoring 
system (including a COMS, CEMS, or CPMS) to comply with the emission 
limitations in this subpart, the compliance report must contain the 
information in paragraphs (c)(4) and (7)(i) and (ii) of this section. 
This includes periods of startup, shutdown, and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable) as applicable and the 
corrective action taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a continuous monitoring system 
(including COMS, CEMS, or CPMS) to comply with the emission limitation 
in this subpart, you must include the information in paragraphs (c)(4) 
and (8)(i) through (xii) of this section. This includes periods of 
startup, shutdown, and malfunction.
    (i) The date and time that each malfunction started and stopped.
    (ii) The date and time that each continuous monitoring system 
(including COMS, CEMS, or CPMS) was inoperative, except for zero (low-
level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system (including COMS, CEMS, or CPMS) was out-of-control, including the 
information in Sec.  63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of startup, shutdown, or 
malfunction or during another period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) An identification of each HAP that was monitored at the 
affected source.
    (ix) A brief description of the process units.
    (x) A brief description of the continuous monitoring system.
    (xi) The date of the latest continuous monitoring system 
certification or audit.
    (xii) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (d) Immediate startup, shutdown, and malfunction report. If you had 
a startup, shutdown, or malfunction during the semiannual reporting 
period that was not consistent with your startup, shutdown, and 
malfunction plan, you must submit an immediate startup, shutdown, and 
malfunction report according to the requirements in Sec.  
63.10(d)(5)(ii).
    (e) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 40 
CFR part 71, you must report all deviations as defined in

[[Page 134]]

this subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an affected source along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the 
required information concerning deviations from any emission limitation 
or work practice standard in this subpart, submission of the compliance 
report satisfies any obligation to report the same deviations in the 
semiannual monitoring report. However, submission of a compliance report 
does not otherwise affect any obligation you may have to report 
deviations from permit requirements to your permitting authority.



Sec.  63.7342  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) Records of performance tests, performance evaluations, and 
opacity observations as required in Sec.  63.10(b)(2)(viii).
    (b) For each COMS or CEMS, you must keep the records specified in 
paragraphs (b)(1) through (4) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi).
    (2) Monitoring data for COMS during a performance evaluation as 
required in Sec.  63.6(h)(7)(i) and (ii).
    (3) Previous (that is, superceded) versions of the performance 
evaluation plan as required in Sec.  63.8(d)(3).
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records in Sec.  63.6(h)(6) for visual 
observations.
    (d) You must keep the records required in Sec. Sec.  63.7333 through 
63.7335 to show continuous compliance with each emission limitation, 
work practice standard, and operation and maintenance requirement that 
applies to you.



Sec.  63.7343  In what form and how long must I keep my records?

    (a) You must keep your records in a form suitable and readily 
available for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.7350  What parts of the General Provisions apply to me?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.



Sec.  63.7351  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and enforce this 
subpart. You should contact your U.S. EPA Regional Office to find out if 
this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the U.S. EPA and are not transferred to 
the State, local, or tribal agency.

[[Page 135]]

    (c) The authorities in paragraphs (c)(1) through (6) of this section 
will not be delegated to State, local, or tribal agencies.
    (1) Approval of alternatives to work practice standards for fugitive 
pushing emissions in Sec.  63.7291(a) for a by-product coke oven battery 
with vertical flues, fugitive pushing emissions in Sec.  63.7292(a) for 
a by-product coke oven battery with horizontal flues, fugitive pushing 
emissions in Sec.  63.7293 for a non-recovery coke oven battery, soaking 
for a by-product coke oven battery in Sec.  63.7294(a), and quenching 
for a coke oven battery in Sec.  63.7295(b) under Sec.  63.6(g).
    (2) Approval of alternative opacity emission limitations for a by-
product coke oven battery under Sec.  63.6(h)(9).
    (3) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90, except for 
alternative procedures in Sec.  63.7334(a)(7).
    (4) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.
    (6) Approval of the work practice plan for by-product coke oven 
batteries with horizontal flues submitted under Sec.  63.7292(a)(1).



Sec.  63.7352  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in Sec.  63.2, and in this section as follows:
    Acceptable makeup water means surface water from a river, lake, or 
stream; water meeting drinking water standards; storm water runoff and 
production area clean up water except for water from the by-product 
recovery plant area; process wastewater treated to meet effluent 
limitations guidelines in 40 CFR part 420; water from any of these 
sources that has been used only for non-contact cooling or in water 
seals; or water from scrubbers used to control pushing emissions.
    Backup quench station means a quenching device that is used for less 
than 5 percent of the quenches from any single coke oven battery in the 
12-month period from July 1 to June 30.
    Baffles means an apparatus comprised of obstructions for checking or 
deflecting the flow of gases. Baffles are installed in a quench tower to 
remove droplets of water and particles from the rising vapors by 
providing a point of impact. Baffles may be installed either inside or 
on top of quench towers and are typically constructed of treated wood, 
steel, or plastic.
    Battery stack means the stack that is the point of discharge to the 
atmosphere of the combustion gases from a battery's underfiring system.
    Batterywide extended coking means increasing the average coking time 
for all ovens in the coke oven battery by 25 percent or more over the 
manufacturer's specified design rate.
    By-product coke oven battery means a group of ovens connected by 
common walls, where coal undergoes destructive distillation under 
positive pressure to produce coke and coke oven gas from which by-
products are recovered.
    By-product recovery plant area means that area of the coke plant 
where process units subject to subpart L in part 61 are located.
    Coke oven battery means a group of ovens connected by common walls, 
where coal undergoes destructive distillation to produce coke. A coke 
oven battery includes by-product and non-recovery processes.
    Coke plant means a facility that produces coke from coal in either a 
by-product coke oven battery or a non-recovery coke oven battery.
    Cokeside shed means a structure used to capture pushing emissions 
that encloses the cokeside of the battery and ventilates the emissions 
to a control device.
    Coking time means the time interval that starts when an oven is 
charged with coal and ends when the oven is pushed.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including operating limits) or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an

[[Page 136]]

applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation or work practice standard 
in this subpart during startup, shutdown, or malfunction, regardless of 
whether or not such failure is permitted by this subpart.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Four consecutive pushes means four pushes observed successively.
    Fugitive pushing emissions means emissions from pushing that are not 
collected by a capture system.
    Horizontal flue means a type of coke oven heating system used on 
Semet-Solvay batteries where the heating flues run horizontally from one 
end of the oven to the other end, and the flues are not shared with 
adjacent ovens.
    Hot water scrubber means a mobile scrubber used to control pushing 
emissions through the creation of an induced draft formed by the 
expansion of pressurized hot water through a nozzle.
    Increased coking time means increasing the charge-to-push time for 
an individual oven.
    Non-recovery coke oven battery means a group of ovens connected by 
common walls and operated as a unit, where coal undergoes destructive 
distillation under negative pressure to produce coke, and which is 
designed for the combustion of the coke oven gas from which by-products 
are not recovered.
    Oven means a chamber in the coke oven battery in which coal 
undergoes destructive distillation to produce coke.
    Pushing means the process of removing the coke from the oven. 
Pushing begins with the first detectable movement of the coke mass and 
ends when the quench car enters the quench tower.
    Quenching means the wet process of cooling (wet quenching) the hot 
incandescent coke by direct contact with water that begins when the 
quench car enters the quench tower and ends when the quench car exits 
the quench tower.
    Quench tower means the structure in which hot incandescent coke in 
the quench car is deluged or quenched with water.
    Remove from service means that an oven is not charged with coal and 
is not used for coking. When removed from service, the oven may remain 
at the operating temperature or it may be cooled down for repairs.
    Responsible official means responsible official as defined in Sec.  
63.2.
    Short battery means a by-product coke oven battery with ovens less 
than five meters in height.
    Soaking means that period in the coking cycle that starts when an 
oven is dampered off the collecting main and vented to the atmosphere 
through an open standpipe prior to pushing and ends when the coke begins 
to be pushed from the oven.
    Soaking emissions means the discharge from an open standpipe during 
soaking of visible emissions due to either incomplete coking or leakage 
into the standpipe from the collecting main.
    Standpipe means an apparatus on the oven that provides a passage for 
gases from an oven to the atmosphere when the oven is dampered off the 
collecting main and the standpipe cap is opened. This includes mini-
standpipes that are not connected to the collecting main.
    Tall battery means a by-product coke oven battery with ovens five 
meters or more in height.
    Vertical flue means a type of coke oven heating system in which the 
heating flues run vertically from the bottom to the top of the oven, and 
flues are shared between adjacent ovens.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.



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

    As required in Sec.  63.7350, you must comply with each applicable 
requirement of the NESHAP General Provisions (40 CFR part 63, subpart A) 
as shown in the following table:

[[Page 137]]



----------------------------------------------------------------------------------------------------------------
                                                                   Applies to Subpart
               Citation                        Subject                   CCCCC?                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1..........................  Applicability..........  Yes....................
Sec.   63.2..........................  Definitions............  Yes....................
Sec.   63.3..........................  Units and Abbreviations  Yes....................
Sec.   63.4..........................  Prohibited Activities..  Yes....................
Sec.   63.5..........................  Construction/            Yes....................
                                        Reconstruction.
Sec.   63.6(a), (b), (c), (d), (e),    Compliance with          Yes....................
 (f), (g), (h)(2)-(8).                  Standards and
                                        Maintenance
                                        Requirements.
Sec.   63.6(h)(9)....................  Adjustment to an         Yes....................
                                        Opacity Emission
                                        Standard.
Sec.   63.7(a)(3), (b), (c)-(h)......  Performance Testing      Yes....................
                                        Requirements.
Sec.   63.7(a)(1)-(2)................  Applicability and        No.....................  Subpart CCCCC specifies
                                        Performance Test Dates.                           applicability and
                                                                                          dates.
Sec.   63.8(a)(1)-(3), (b), (c)(1)-    Monitoring Requirements  Yes....................  CMS requirements in
 (3), (c)(4)(i)-(ii), (c)(5)-(8),                                                         Sec.   63.8(c)(4) (i)-
 (d), (e), (f)(1)-(5), (g)(1)-(4).                                                        (ii), (c)(5), and
                                                                                          (c)(6) apply only to
                                                                                          COMS for battery
                                                                                          stacks.
Sec.   63.8(a)(4)....................  Additional Monitoring    No.....................  Flares are not a
                                        Requirements for                                  control device for
                                        Control Devices in                                Subpart CCCCC affected
                                        Sec.   63.11.                                     sources.
Sec.   63.8(c)(4)....................  Continuous Monitoring    No.....................  Subpart CCCCC specifies
                                        System (CMS)                                      requirements for
                                        Requirements.                                     operation of CMS.
Sec.   63.8(e)(4)-(5)................  Performance Evaluations  Yes....................  Except COMS performance
                                                                                          evaluation must be
                                                                                          conducted before the
                                                                                          compliance date.
Sec.   63.8(f)(6)....................  RATA Alternative.......  No.....................  Subpart CCCCC does not
                                                                                          require CEMS.
Sec.   63.8(g)(5)....................  Data Reduction.........  No.....................  Subpart CCCCC specifies
                                                                                          data that can't be
                                                                                          used in computing
                                                                                          averages for COMS.
Sec.   63.9..........................  Notification             Yes....................  Additional
                                        Requirements.                                     notifications for CMS
                                                                                          in Sec.   63.9(g)
                                                                                          apply only to COMS for
                                                                                          battery stacks.
Sec.   63.10(a), (b)(1)-(b)(2)(xii),   Recordkeeping and        Yes....................  Additional records for
 (b)(2)(xiv), (b)(3), (c)(1)-(6),       Reporting Requirements.                           CMS in Sec.
 (c)(9)-(15), (d), (e)(1)-(2),                                                            63.10(c)(1)-(6), (9)-
 (e)(4), (f).                                                                             (15), and reports in
                                                                                          Sec.   63.10(d)(1)-(2)
                                                                                          apply only to COMS for
                                                                                          battery stacks.
Sec.   63.10(b)(2) (xi)-(xii)........  CMS Records for RATA     No.....................  Subpart CCCCC doesn't
                                        Alternative.                                      require CEMS.
Sec.   63.10(c)(7)-(8)...............  Records of Excess        No.....................  Subpart CCCCC specifies
                                        Emissions and                                     record requirements.
                                        Parameter Monitoring
                                        Exceedances for CMS.
Sec.   63.10(e)(3)...................  Excess Emission Reports  No.....................  Subpart CCCCC specifies
                                                                                          reporting
                                                                                          requirements.
Sec.   63.11.........................  Control Device           No.....................  Subpart CCCCC does not
                                        Requirements.                                     require flares.
Sec.   63.12.........................  State Authority and      Yes....................
                                        Delegations..
Sec.  Sec.   63.13-63.15.............  Addresses,               Yes....................
                                        Incorporation by
                                        Reference,
                                        Availability of
                                        Information.
----------------------------------------------------------------------------------------------------------------



 Subpart DDDDD_National Emission Standards for Hazardous Air Pollutants 
for Major Sources: Industrial, Commercial, and Institutional Boilers and 
                             Process Heaters

    Source: 76 FR 15664, Mar. 21, 2011, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.7480  What is the purpose of this subpart?

    This subpart establishes national emission limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from 
industrial, commercial, and institutional boilers and process heaters 
located at major sources of HAP. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and work practice standards.

[[Page 138]]



Sec.  63.7485  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an industrial, 
commercial, or institutional boiler or process heater as defined in 
Sec.  63.7575 that is located at, or is part of, a major source of HAP, 
except as specified in Sec.  63.7491. For purposes of this subpart, a 
major source of HAP is as defined in Sec.  63.2, except that for oil and 
natural gas production facilities, a major source of HAP is as defined 
in Sec.  63.7575.

[78 FR 7162, Jan. 31, 2013]



Sec.  63.7490  What is the affected source of this subpart?

    (a) This subpart applies to new, reconstructed, and existing 
affected sources as described in paragraphs (a)(1) and (2) of this 
section.
    (1) The affected source of this subpart is the collection at a major 
source of all existing industrial, commercial, and institutional boilers 
and process heaters within a subcategory as defined in Sec.  63.7575.
    (2) The affected source of this subpart is each new or reconstructed 
industrial, commercial, or institutional boiler or process heater, as 
defined in Sec.  63.7575, located at a major source.
    (b) A boiler or process heater is new if you commence construction 
of the boiler or process heater after June 4, 2010, and you meet the 
applicability criteria at the time you commence construction.
    (c) A boiler or process heater is reconstructed if you meet the 
reconstruction criteria as defined in Sec.  63.2, you commence 
reconstruction after June 4, 2010, and you meet the applicability 
criteria at the time you commence reconstruction.
    (d) A boiler or process heater is existing if it is not new or 
reconstructed.
    (e) An existing electric utility steam generating unit (EGU) that 
meets the applicability requirements of this subpart after the effective 
date of this final rule due to a change (e.g., fuel switch) is 
considered to be an existing source under this subpart.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7162, Jan. 31, 2013]



Sec.  63.7491  Are any boilers or process heaters not subject to this
subpart?

    The types of boilers and process heaters listed in paragraphs (a) 
through (n) of this section are not subject to this subpart.
    (a) An electric utility steam generating unit (EGU) covered by 
subpart UUUUU of this part or a natural gas-fired EGU as defined in 
subpart UUUUU of this part firing at least 85 percent natural gas on an 
annual heat input basis.
    (b) A recovery boiler or furnace covered by subpart MM of this part.
    (c) A boiler or process heater that is used specifically for 
research and development, including test steam boilers used to provide 
steam for testing the propulsion systems on military vessels. This does 
not include units that provide heat or steam to a process at a research 
and development facility.
    (d) A hot water heater as defined in this subpart.
    (e) A refining kettle covered by subpart X of this part.
    (f) An ethylene cracking furnace covered by subpart YY of this part.
    (g) Blast furnace stoves as described in EPA-453/R-01-005 
(incorporated by reference, see Sec.  63.14).
    (h) Any boiler or process heater that is part of the affected source 
subject to another subpart of this part, such as boilers and process 
heaters used as control devices to comply with subparts JJJ, OOO, PPP, 
and U of this part.
    (i) Any boiler or process heater that is used as a control device to 
comply with another subpart of this part, or part 60, part 61, or part 
65 of this chapter provided that at least 50 percent of the average 
annual heat input during any 3 consecutive calendar years to the boiler 
or process heater is provided by regulated gas streams that are subject 
to another standard.
    (j) Temporary boilers and process heaters as defined in this 
subpart.
    (k) Blast furnace gas fuel-fired boilers and process heaters as 
defined in this subpart.
    (l) Any boiler or process heater specifically listed as an affected 
source in any standard(s) established under section 129 of the Clean Air 
Act.
    (m) A unit that burns hazardous waste covered by Subpart EEE of this

[[Page 139]]

part. A unit that is exempt from Subpart EEE as specified in Sec.  
63.1200(b) is not covered by Subpart EEE.
    (n) Residential boilers as defined in this subpart.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7162, Jan. 31, 2013; 80 
FR 72806, Nov. 20, 2015]



Sec.  63.7495  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed boiler or process heater, you 
must comply with this subpart by April 1, 2013, or upon startup of your 
boiler or process heater, whichever is later.
    (b) If you have an existing boiler or process heater, you must 
comply with this subpart no later than January 31, 2016, except as 
provided in Sec.  63.6(i).
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, paragraphs 
(c)(1) and (2) of this section apply to you.
    (1) Any new or reconstructed boiler or process heater at the 
existing source must be in compliance with this subpart upon startup.
    (2) Any existing boiler or process heater at the existing source 
must be in compliance with this subpart within 3 years after the source 
becomes a major source.
    (d) You must meet the notification requirements in Sec.  63.7545 
according to the schedule in Sec.  63.7545 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limits and work practice standards 
in this subpart.
    (e) If you own or operate an industrial, commercial, or 
institutional boiler or process heater and would be subject to this 
subpart except for the exemption in Sec.  63.7491(l) for commercial and 
industrial solid waste incineration units covered by part 60, subpart 
CCCC or subpart DDDD, and you cease combusting solid waste, you must be 
in compliance with this subpart and are no longer subject to part 60, 
subparts CCCC or DDDD beginning on the effective date of the switch as 
identified under the provisions of Sec.  60.2145(a)(2) and (3) or Sec.  
60.2710(a)(2) and (3).
    (f) If you own or operate an existing EGU that becomes subject to 
this subpart after January 31, 2016, you must be in compliance with the 
applicable existing source provisions of this subpart on the effective 
date such unit becomes subject to this subpart.
    (g) If you own or operate an existing industrial, commercial, or 
institutional boiler or process heater and would be subject to this 
subpart except for a exemption in Sec.  63.7491(i) that becomes subject 
to this subpart after January 31, 2013, you must be in compliance with 
the applicable existing source provisions of this subpart within 3 years 
after such unit becomes subject to this subpart.
    (h) If you own or operate an existing industrial, commercial, or 
institutional boiler or process heater and have switched fuels or made a 
physical change to the boiler or process heater that resulted in the 
applicability of a different subcategory after the compliance date of 
this subpart, you must be in compliance with the applicable existing 
source provisions of this subpart on the effective date of the fuel 
switch or physical change.
    (i) If you own or operate a new industrial, commercial, or 
institutional boiler or process heater and have switched fuels or made a 
physical change to the boiler or process heater that resulted in the 
applicability of a different subcategory, you must be in compliance with 
the applicable new source provisions of this subpart on the effective 
date of the fuel switch or physical change.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7162, Jan. 31, 2013; 80 
FR 72807, Nov. 20, 2015]

            Emission Limitations and Work Practice Standards



Sec.  63.7499  What are the subcategories of boilers and process heaters?

    The subcategories of boilers and process heaters, as defined in 
Sec.  63.7575 are:
    (a) Pulverized coal/solid fossil fuel units.
    (b) Stokers designed to burn coal/solid fossil fuel.
    (c) Fluidized bed units designed to burn coal/solid fossil fuel.

[[Page 140]]

    (d) Stokers/sloped grate/other units designed to burn kiln dried 
biomass/bio-based solid.
    (e) Fluidized bed units designed to burn biomass/bio-based solid.
    (f) Suspension burners designed to burn biomass/bio-based solid.
    (g) Fuel cells designed to burn biomass/bio-based solid.
    (h) Hybrid suspension/grate burners designed to burn wet biomass/
bio-based solid.
    (i) Stokers/sloped grate/other units designed to burn wet biomass/
bio-based solid.
    (j) Dutch ovens/pile burners designed to burn biomass/bio-based 
solid.
    (k) Units designed to burn liquid fuel that are non-continental 
units.
    (l) Units designed to burn gas 1 fuels.
    (m) Units designed to burn gas 2 (other) gases.
    (n) Metal process furnaces.
    (o) Limited-use boilers and process heaters.
    (p) Units designed to burn solid fuel.
    (q) Units designed to burn liquid fuel.
    (r) Units designed to burn coal/solid fossil fuel.
    (s) Fluidized bed units with an integrated fluidized bed heat 
exchanger designed to burn coal/solid fossil fuel.
    (t) Units designed to burn heavy liquid fuel.
    (u) Units designed to burn light liquid fuel.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7163, Jan. 31, 2013]



Sec.  63.7500  What emission limitations, work practice standards, and
operating limits must I meet?

    (a) You must meet the requirements in paragraphs (a)(1) through (3) 
of this section, except as provided in paragraphs (b), through (e) of 
this section. You must meet these requirements at all times the affected 
unit is operating, except as provided in paragraph (f) of this section.
    (1) You must meet each emission limit and work practice standard in 
Tables 1 through 3, and 11 through 13 to this subpart that applies to 
your boiler or process heater, for each boiler or process heater at your 
source, except as provided under Sec.  63.7522. The output-based 
emission limits, in units of pounds per million Btu of steam output, in 
Tables 1 or 2 to this subpart are an alternative applicable only to 
boilers and process heaters that generate either steam, cogenerate steam 
with electricity, or both. The output-based emission limits, in units of 
pounds per megawatt-hour, in Tables 1 or 2 to this subpart are an 
alternative applicable only to boilers that generate only electricity. 
Boilers that perform multiple functions (cogeneration and electricity 
generation) or supply steam to common headers would calculate a total 
steam energy output using equation 21 of Sec.  63.7575 to demonstrate 
compliance with the output-based emission limits, in units of pounds per 
million Btu of steam output, in Tables 1 or 2 to this subpart. If you 
operate a new boiler or process heater, you can choose to comply with 
alternative limits as discussed in paragraphs (a)(1)(i) through (iii) of 
this section, but on or after January 31, 2016, you must comply with the 
emission limits in Table 1 to this subpart.
    (i) If your boiler or process heater commenced construction or 
reconstruction after June 4, 2010 and before May 20, 2011, you may 
comply with the emission limits in Table 1 or 11 to this subpart until 
January 31, 2016.
    (ii) If your boiler or process heater commenced construction or 
reconstruction on or after May 20, 2011 and before December 23, 2011, 
you may comply with the emission limits in Table 1 or 12 to this subpart 
until January 31, 2016.
    (iii) If your boiler or process heater commenced construction or 
reconstruction on or after December 23, 2011 and before April 1, 2013, 
you may comply with the emission limits in Table 1 or 13 to this subpart 
until January 31, 2016.
    (2) You must meet each operating limit in Table 4 to this subpart 
that applies to your boiler or process heater. If you use a control 
device or combination of control devices not covered in Table 4 to this 
subpart, or you wish to establish and monitor an alternative operating 
limit or an alternative monitoring parameter, you must apply to the EPA 
Administrator for approval of alternative monitoring under Sec.  
63.8(f).
    (3) At all times, you must operate and maintain any affected source 
(as

[[Page 141]]

defined in Sec.  63.7490), including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. 
Determination of whether such operation and maintenance procedures are 
being used will be based on information available to the Administrator 
that may include, but is not limited to, monitoring results, review of 
operation and maintenance procedures, review of operation and 
maintenance records, and inspection of the source.
    (b) As provided in Sec.  63.6(g), EPA may approve use of an 
alternative to the work practice standards in this section.
    (c) Limited-use boilers and process heaters must complete a tune-up 
every 5 years as specified in Sec.  63.7540. They are not subject to the 
emission limits in Tables 1 and 2 or 11 through 13 to this subpart, the 
annual tune-up, or the energy assessment requirements in Table 3 to this 
subpart, or the operating limits in Table 4 to this subpart.
    (d) Boilers and process heaters with a heat input capacity of less 
than or equal to 5 million Btu per hour in the units designed to burn 
gas 2 (other) fuels subcategory or units designed to burn light liquid 
fuels subcategory must complete a tune-up every 5 years as specified in 
Sec.  63.7540.
    (e) Boilers and process heaters in the units designed to burn gas 1 
fuels subcategory with a heat input capacity of less than or equal to 5 
million Btu per hour must complete a tune-up every 5 years as specified 
in Sec.  63.7540. Boilers and process heaters in the units designed to 
burn gas 1 fuels subcategory with a heat input capacity greater than 5 
million Btu per hour and less than 10 million Btu per hour must complete 
a tune-up every 2 years as specified in Sec.  63.7540. Boilers and 
process heaters in the units designed to burn gas 1 fuels subcategory 
are not subject to the emission limits in Tables 1 and 2 or 11 through 
13 to this subpart, or the operating limits in Table 4 to this subpart.
    (f) These standards apply at all times the affected unit is 
operating, except during periods of startup and shutdown during which 
time you must comply only with items 5 and 6 of Table 3 to this subpart.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7163, Jan. 31, 2013; 80 
FR 72807, Nov. 20, 2015]



Sec.  63.7501  [Reserved]

                     General Compliance Requirements



Sec.  63.7505  What are my general requirements for complying with this
subpart?

    (a) You must be in compliance with the emission limits, work 
practice standards, and operating limits in this subpart. These emission 
and operating limits apply to you at all times the affected unit is 
operating except for the periods noted in Sec.  63.7500(f).
    (b) [Reserved]
    (c) You must demonstrate compliance with all applicable emission 
limits using performance stack testing, fuel analysis, or continuous 
monitoring systems (CMS), including a continuous emission monitoring 
system (CEMS), or particulate matter continuous parameter monitoring 
system (PM CPMS), where applicable. You may demonstrate compliance with 
the applicable emission limit for hydrogen chloride (HCl), mercury, or 
total selected metals (TSM) using fuel analysis if the emission rate 
calculated according to Sec.  63.7530(c) is less than the applicable 
emission limit. (For gaseous fuels, you may not use fuel analyses to 
comply with the TSM alternative standard or the HCl standard.) 
Otherwise, you must demonstrate compliance for HCl, mercury, or TSM 
using performance stack testing, if subject to an applicable emission 
limit listed in Tables 1, 2, or 11 through 13 to this subpart.
    (d) If you demonstrate compliance with any applicable emission limit 
through performance testing and subsequent compliance with operating 
limits through the use of CPMS, or with a CEMS or COMS, you must develop 
a site-specific monitoring plan according to the requirements in 
paragraphs (d)(1) through (4) of this section for the use of any CEMS, 
COMS, or CPMS. This requirement also applies to you if you petition the 
EPA Administrator for alternative monitoring parameters under Sec.  
63.8(f).

[[Page 142]]

    (1) For each CMS required in this section (including CEMS, COMS, or 
CPMS), you must develop, and submit to the Administrator for approval 
upon request, a site-specific monitoring plan that addresses design, 
data collection, and the quality assurance and quality control elements 
outlined in Sec.  63.8(d) and the elements described in paragraphs 
(d)(1)(i) through (iii) of this section. You must submit this site-
specific monitoring plan, if requested, at least 60 days before your 
initial performance evaluation of your CMS. This requirement to develop 
and submit a site specific monitoring plan does not apply to affected 
sources with existing CEMS or COMS operated according to the performance 
specifications under appendix B to part 60 of this chapter and that meet 
the requirements of Sec.  63.7525. Using the process described in Sec.  
63.8(f)(4), you may request approval of alternative monitoring system 
quality assurance and quality control procedures in place of those 
specified in this paragraph and, if approved, include the alternatives 
in your site-specific monitoring plan.
    (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, accuracy audits, analytical drift).
    (2) In your site-specific monitoring plan, you must also address 
paragraphs (d)(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)(ii), (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) (as applicable in Table 
10 to this subpart), (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.
    (e) If you have an applicable emission limit, and you choose to 
comply using definition (2) of ``startup'' in Sec.  63.7575, you must 
develop and implement a written startup and shutdown plan (SSP) 
according to the requirements in Table 3 to this subpart. The SSP must 
be maintained onsite and available upon request for public inspection.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7164, Jan. 31, 2013; 80 
FR 72807, Nov. 20, 2015]

       Testing, Fuel Analyses, and Initial Compliance Requirements



Sec.  63.7510  What are my initial compliance requirements and by what
date must I conduct them?

    (a) For each boiler or process heater that is required or that you 
elect to demonstrate compliance with any of the applicable emission 
limits in Tables 1 or 2 or 11 through 13 of this subpart through 
performance (stack) testing, your initial compliance requirements 
include all the following:
    (1) Conduct performance tests according to Sec.  63.7520 and Table 5 
to this subpart.
    (2) Conduct a fuel analysis for each type of fuel burned in your 
boiler or process heater according to Sec.  63.7521 and Table 6 to this 
subpart, except as specified in paragraphs (a)(2)(i) through (iii) of 
this section.
    (i) For each boiler or process heater that burns a single type of 
fuel, you are not required to conduct a fuel analysis for each type of 
fuel burned in your boiler or process heater according to Sec.  63.7521 
and Table 6 to this subpart. For purposes of this subpart, units that 
use a supplemental fuel only for startup, unit shutdown, and transient 
flame stability purposes still qualify as units that burn a single type 
of fuel, and the supplemental fuel is not subject to the

[[Page 143]]

fuel analysis requirements under Sec.  63.7521 and Table 6 to this 
subpart.
    (ii) When natural gas, refinery gas, or other gas 1 fuels are co-
fired with other fuels, you are not required to conduct a fuel analysis 
of those Gas 1 fuels according to Sec.  63.7521 and Table 6 to this 
subpart. If gaseous fuels other than natural gas, refinery gas, or other 
gas 1 fuels are co-fired with other fuels and those non-Gas 1 gaseous 
fuels are subject to another subpart of this part, part 60, part 61, or 
part 65, you are not required to conduct a fuel analysis of those non-
Gas 1 fuels according to Sec.  63.7521 and Table 6 to this subpart.
    (iii) You are not required to conduct a chlorine fuel analysis for 
any gaseous fuels. You must conduct a fuel analysis for mercury on 
gaseous fuels unless the fuel is exempted in paragraphs (a)(2)(i) and 
(ii) of this section.
    (3) Establish operating limits according to Sec.  63.7530 and Table 
7 to this subpart.
    (4) Conduct CMS performance evaluations according to Sec.  63.7525.
    (b) For each boiler or process heater that you elect to demonstrate 
compliance with the applicable emission limits in Tables 1 or 2 or 11 
through 13 to this subpart for HCl, mercury, or TSM through fuel 
analysis, your initial compliance requirement is to conduct a fuel 
analysis for each type of fuel burned in your boiler or process heater 
according to Sec.  63.7521 and Table 6 to this subpart and establish 
operating limits according to Sec.  63.7530 and Table 8 to this subpart. 
The fuels described in paragraph (a)(2)(i) and (ii) of this section are 
exempt from these fuel analysis and operating limit requirements. The 
fuels described in paragraph (a)(2)(ii) of this section are exempt from 
the chloride fuel analysis and operating limit requirements. Boilers and 
process heaters that use a CEMS for mercury or HCl are exempt from the 
performance testing and operating limit requirements specified in 
paragraph (a) of this section for the HAP for which CEMS are used.
    (c) If your boiler or process heater is subject to a carbon monoxide 
(CO) limit, your initial compliance demonstration for CO is to conduct a 
performance test for CO according to Table 5 to this subpart or conduct 
a performance evaluation of your continuous CO monitor, if applicable, 
according to Sec.  63.7525(a). Boilers and process heaters that use a CO 
CEMS to comply with the applicable alternative CO CEMS emission standard 
listed in Tables 1, 2, or 11 through 13 to this subpart, as specified in 
Sec.  63.7525(a), are exempt from the initial CO performance testing and 
oxygen concentration operating limit requirements specified in paragraph 
(a) of this section.
    (d) If your boiler or process heater is subject to a PM limit, your 
initial compliance demonstration for PM is to conduct a performance test 
in accordance with Sec.  63.7520 and Table 5 to this subpart.
    (e) For existing affected sources (as defined in Sec.  63.7490), you 
must complete the initial compliance demonstrations, as specified in 
paragraphs (a) through (d) of this section, no later than 180 days after 
the compliance date that is specified for your source in Sec.  63.7495 
and according to the applicable provisions in Sec.  63.7(a)(2) as cited 
in Table 10 to this subpart, except as specified in paragraph (j) of 
this section. You must complete an initial tune-up by following the 
procedures described in Sec.  63.7540(a)(10)(i) through (vi) no later 
than the compliance date specified in Sec.  63.7495, except as specified 
in paragraph (j) of this section. You must complete the one-time energy 
assessment specified in Table 3 to this subpart no later than the 
compliance date specified in Sec.  63.7495.
    (f) For new or reconstructed affected sources (as defined in Sec.  
63.7490), you must complete the initial compliance demonstration with 
the emission limits no later than July 30, 2013 or within 180 days after 
startup of the source, whichever is later. If you are demonstrating 
compliance with an emission limit in Tables 11 through 13 to this 
subpart that is less stringent (that is, higher) than the applicable 
emission limit in Table 1 to this subpart, you must demonstrate 
compliance with the applicable emission limit in Table 1 no later than 
July 29, 2016.
    (g) For new or reconstructed affected sources (as defined in Sec.  
63.7490), you must demonstrate initial compliance with the applicable 
work practice standards in Table 3 to this subpart

[[Page 144]]

within the applicable annual, biennial, or 5-year schedule as specified 
in Sec.  63.7515(d) following the initial compliance date specified in 
Sec.  63.7495(a). Thereafter, you are required to complete the 
applicable annual, biennial, or 5-year tune-up as specified in Sec.  
63.7515(d).
    (h) For affected sources (as defined in Sec.  63.7490) that ceased 
burning solid waste consistent with Sec.  63.7495(e) and for which the 
initial compliance date has passed, you must demonstrate compliance 
within 60 days of the effective date of the waste-to-fuel switch. If you 
have not conducted your compliance demonstration for this subpart within 
the previous 12 months, you must complete all compliance demonstrations 
for this subpart before you commence or recommence combustion of solid 
waste.
    (i) For an existing EGU that becomes subject after January 31, 2016, 
you must demonstrate compliance within 180 days after becoming an 
affected source.
    (j) For existing affected sources (as defined in Sec.  63.7490) that 
have not operated between the effective date of the rule and the 
compliance date that is specified for your source in Sec.  63.7495, you 
must complete the initial compliance demonstration, if subject to the 
emission limits in Table 2 to this subpart, as specified in paragraphs 
(a) through (d) of this section, no later than 180 days after the re-
start of the affected source and according to the applicable provisions 
in Sec.  63.7(a)(2) as cited in Table 10 to this subpart. You must 
complete an initial tune-up by following the procedures described in 
Sec.  63.7540(a)(10)(i) through (vi) no later than 30 days after the re-
start of the affected source and, if applicable, complete the one-time 
energy assessment specified in Table 3 to this subpart, no later than 
the compliance date specified in Sec.  63.7495.
    (k) For affected sources, as defined in Sec.  63.7490, that switch 
subcategories consistent with Sec.  63.7545(h) after the initial 
compliance date, you must demonstrate compliance within 60 days of the 
effective date of the switch, unless you had previously conducted your 
compliance demonstration for this subcategory within the previous 12 
months.

[78 FR 7164, Jan. 31, 2013, as amended at 80 FR 72808, Nov. 20, 2015]



Sec.  63.7515  When must I conduct subsequent performance tests, fuel
analyses, or tune-ups?

    (a) You must conduct all applicable performance tests according to 
Sec.  63.7520 on an annual basis, except as specified in paragraphs (b) 
through (e), (g), and (h) of this section. Annual performance tests must 
be completed no more than 13 months after the previous performance test, 
except as specified in paragraphs (b) through (e), (g), and (h) of this 
section.
    (b) If your performance tests for a given pollutant for at least 2 
consecutive years show that your emissions are at or below 75 percent of 
the emission limit (or, in limited instances as specified in Tables 1 
and 2 or 11 through 13 to this subpart, at or below the emission limit) 
for the pollutant, and if there are no changes in the operation of the 
individual boiler or process heater or air pollution control equipment 
that could increase emissions, you may choose to conduct performance 
tests for the pollutant every third year. Each such performance test 
must be conducted no more than 37 months after the previous performance 
test. If you elect to demonstrate compliance using emission averaging 
under Sec.  63.7522, you must continue to conduct performance tests 
annually. The requirement to test at maximum chloride input level is 
waived unless the stack test is conducted for HCl. The requirement to 
test at maximum mercury input level is waived unless the stack test is 
conducted for mercury. The requirement to test at maximum TSM input 
level is waived unless the stack test is conducted for TSM.
    (c) If a performance test shows emissions exceeded the emission 
limit or 75 percent of the emission limit (as specified in Tables 1 and 
2 or 11 through 13 to this subpart) for a pollutant, you must conduct 
annual performance tests for that pollutant until all performance tests 
over a consecutive 2-year period meet the required level (at or below 75 
percent of the emission limit,

[[Page 145]]

as specified in Tables 1 and 2 or 11 through 13 to this subpart).
    (d) If you are required to meet an applicable tune-up work practice 
standard, you must conduct an annual, biennial, or 5-year performance 
tune-up according to Sec.  63.7540(a)(10), (11), or (12), respectively. 
Each annual tune-up specified in Sec.  63.7540(a)(10) must be no more 
than 13 months after the previous tune-up. Each biennial tune-up 
specified in Sec.  63.7540(a)(11) must be conducted no more than 25 
months after the previous tune-up. Each 5-year tune-up specified in 
Sec.  63.7540(a)(12) must be conducted no more than 61 months after the 
previous tune-up. For a new or reconstructed affected source (as defined 
in Sec.  63.7490), the first annual, biennial, or 5-year tune-up must be 
no later than 13 months, 25 months, or 61 months, respectively, after 
April 1, 2013 or the initial startup of the new or reconstructed 
affected source, whichever is later.
    (e) If you demonstrate compliance with the mercury, HCl, or TSM 
based on fuel analysis, you must conduct a monthly fuel analysis 
according to Sec.  63.7521 for each type of fuel burned that is subject 
to an emission limit in Tables 1, 2, or 11 through 13 to this subpart. 
You may comply with this monthly requirement by completing the fuel 
analysis any time within the calendar month as long as the analysis is 
separated from the previous analysis by at least 14 calendar days. If 
you burn a new type of fuel, you must conduct a fuel analysis before 
burning the new type of fuel in your boiler or process heater. You must 
still meet all applicable continuous compliance requirements in Sec.  
63.7540. If each of 12 consecutive monthly fuel analyses demonstrates 75 
percent or less of the compliance level, you may decrease the fuel 
analysis frequency to quarterly for that fuel. If any quarterly sample 
exceeds 75 percent of the compliance level or you begin burning a new 
type of fuel, you must return to monthly monitoring for that fuel, until 
12 months of fuel analyses are again less than 75 percent of the 
compliance level. If sampling is conducted on one day per month, samples 
should be no less than 14 days apart, but if multiple samples are taken 
per month, the 14-day restriction does not apply.
    (f) You must report the results of performance tests and the 
associated fuel analyses within 60 days after the completion of the 
performance tests. This report must also verify that the operating 
limits for each boiler or process heater have not changed or provide 
documentation of revised operating limits established according to Sec.  
63.7530 and Table 7 to this subpart, as applicable. The reports for all 
subsequent performance tests must include all applicable information 
required in Sec.  63.7550.
    (g) For affected sources (as defined in Sec.  63.7490) that have not 
operated since the previous compliance demonstration and more than one 
year has passed since the previous compliance demonstration, you must 
complete the subsequent compliance demonstration, if subject to the 
emission limits in Tables 1, 2, or 11 through 13 to this subpart, no 
later than 180 days after the re-start of the affected source and 
according to the applicable provisions in Sec.  63.7(a)(2) as cited in 
Table 10 to this subpart. You must complete a subsequent tune-up by 
following the procedures described in Sec.  63.7540(a)(10)(i) through 
(vi) and the schedule described in Sec.  63.7540(a)(13) for units that 
are not operating at the time of their scheduled tune-up.
    (h) If your affected boiler or process heater is in the unit 
designed to burn light liquid subcategory and you combust ultra-low 
sulfur liquid fuel, you do not need to conduct further performance tests 
(stack tests or fuel analyses) if the pollutants measured during the 
initial compliance performance tests meet the emission limits in Tables 
1 or 2 of this subpart providing you demonstrate ongoing compliance with 
the emissions limits by monitoring and recording the type of fuel 
combusted on a monthly basis. If you intend to use a fuel other than 
ultra-low sulfur liquid fuel, natural gas, refinery gas, or other gas 1 
fuel, you must conduct new performance tests within 60 days of burning 
the new fuel type.
    (i) If you operate a CO CEMS that meets the Performance 
Specifications outlined in Sec.  63.7525(a)(3) of this subpart to 
demonstrate compliance with the

[[Page 146]]

applicable alternative CO CEMS emission standard listed in Tables 1, 2, 
or 11 through 13 to this subpart, you are not required to conduct CO 
performance tests and are not subject to the oxygen concentration 
operating limit requirement specified in Sec.  63.7510(a).

[78 FR 7165, Jan. 31, 2013, as amended at 80 FR 72808, Nov. 20, 2015]



Sec.  63.7520  What stack tests and procedures must I use?

    (a) You must conduct all performance tests according to Sec.  
63.7(c), (d), (f), and (h). You must also develop a site-specific stack 
test plan according to the requirements in Sec.  63.7(c). You shall 
conduct all performance tests under such conditions as the Administrator 
specifies to you based on the representative performance of each boiler 
or process heater for the period being tested. Upon request, you shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of the performance tests.
    (b) You must conduct each performance test according to the 
requirements in Table 5 to this subpart.
    (c) You must conduct each performance test under the specific 
conditions listed in Tables 5 and 7 to this subpart. You must conduct 
performance tests at representative operating load conditions while 
burning the type of fuel or mixture of fuels that has the highest 
content of chlorine and mercury, and TSM if you are opting to comply 
with the TSM alternative standard and you must demonstrate initial 
compliance and establish your operating limits based on these 
performance tests. These requirements could result in the need to 
conduct more than one performance test. Following each performance test 
and until the next performance test, you must comply with the operating 
limit for operating load conditions specified in Table 4 to this 
subpart.
    (d) You must conduct a minimum of three separate test runs for each 
performance test required in this section, as specified in Sec.  
63.7(e)(3). Each test run must comply with the minimum applicable 
sampling times or volumes specified in Tables 1 and 2 or 11 through 13 
to this subpart.
    (e) To determine compliance with the emission limits, you must use 
the F-Factor methodology and equations in sections 12.2 and 12.3 of EPA 
Method 19 at 40 CFR part 60, appendix A-7 of this chapter to convert the 
measured particulate matter (PM) concentrations, the measured HCl 
concentrations, the measured mercury concentrations, and the measured 
TSM concentrations that result from the performance test to pounds per 
million Btu heat input emission rates.
    (f) Except for a 30-day rolling average based on CEMS (or sorbent 
trap monitoring system) data, 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 compliance. The measured result for a multiple component 
analysis (e.g., analytical values for multiple Method 29 fractions both 
for individual HAP metals and for total HAP metals) may include a 
combination of method detection level data and analytical data reported 
above the method detection level.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7166, Jan. 31, 2013]



Sec.  63.7521  What fuel analyses, fuel specification, and procedures
must I use?

    (a) For solid and liquid fuels, you must conduct fuel analyses for 
chloride and mercury according to the procedures in paragraphs (b) 
through (e) of this section and Table 6 to this subpart, as applicable. 
For solid fuels and liquid fuels, you must also conduct fuel analyses 
for TSM if you are opting to comply with the TSM alternative standard. 
For gas 2 (other) fuels, you must conduct fuel analyses for mercury 
according to the procedures in paragraphs (b) through (e) of this 
section and Table 6 to this subpart, as applicable. (For gaseous fuels, 
you may not use fuel analyses to comply with the TSM alternative 
standard or the HCl standard.) For purposes of complying with this 
section, a fuel gas system that consists of multiple gaseous

[[Page 147]]

fuels collected and mixed with each other is considered a single fuel 
type and sampling and analysis is only required on the combined fuel gas 
system that will feed the boiler or process heater. Sampling and 
analysis of the individual gaseous streams prior to combining is not 
required. You are not required to conduct fuel analyses for fuels used 
for only startup, unit shutdown, and transient flame stability purposes. 
You are required to conduct fuel analyses only for fuels and units that 
are subject to emission limits for mercury, HCl, or TSM in Tables 1 and 
2 or 11 through 13 to this subpart. Gaseous and liquid fuels are exempt 
from the sampling requirements in paragraphs (c) and (d) of this 
section.
    (b) You must develop a site-specific fuel monitoring plan according 
to the following procedures and requirements in paragraphs (b)(1) and 
(2) of this section, if you are required to conduct fuel analyses as 
specified in Sec.  63.7510.
    (1) If you intend to use an alternative analytical method other than 
those required by Table 6 to this subpart, you must submit the fuel 
analysis plan to the Administrator for review and approval no later than 
60 days before the date that you intend to conduct the initial 
compliance demonstration described in Sec.  63.7510.
    (2) You must include the information contained in paragraphs 
(b)(2)(i) through (vi) of this section in your fuel analysis plan.
    (i) The identification of all fuel types anticipated to be burned in 
each boiler or process heater.
    (ii) For each anticipated fuel type, the notification of whether you 
or a fuel supplier will be conducting the fuel analysis.
    (iii) For each anticipated fuel type, a detailed description of the 
sample location and specific procedures to be used for collecting and 
preparing the composite samples if your procedures are different from 
paragraph (c) or (d) of this section. Samples should be collected at a 
location that most accurately represents the fuel type, where possible, 
at a point prior to mixing with other dissimilar fuel types.
    (iv) For each anticipated fuel type, the analytical methods from 
Table 6, with the expected minimum detection levels, to be used for the 
measurement of chlorine or mercury.
    (v) If you request to use an alternative analytical method other 
than those required by Table 6 to this subpart, you must also include a 
detailed description of the methods and procedures that you are 
proposing to use. Methods in Table 6 shall be used until the requested 
alternative is approved.
    (vi) If you will be using fuel analysis from a fuel supplier in lieu 
of site-specific sampling and analysis, the fuel supplier must use the 
analytical methods required by Table 6 to this subpart.
    (c) You must obtain composite fuel samples for each fuel type 
according to the procedures in paragraph (c)(1) or (2) of this section, 
or the methods listed in Table 6 to this subpart, or use an automated 
sampling mechanism that provides representative composite fuel samples 
for each fuel type that includes both coarse and fine material. At a 
minimum, for demonstrating initial compliance by fuel analysis, you must 
obtain three composite samples. For monthly fuel analyses, at a minimum, 
you must obtain a single composite sample. For fuel analyses as part of 
a performance stack test, as specified in Sec.  63.7510(a), you must 
obtain a composite fuel sample during each performance test run.
    (1) If sampling from a belt (or screw) feeder, collect fuel samples 
according to paragraphs (c)(1)(i) and (ii) of this section.
    (i) Stop the belt and withdraw a 6-inch wide sample from the full 
cross-section of the stopped belt to obtain a minimum two pounds of 
sample. You must collect all the material (fines and coarse) in the full 
cross-section. You must transfer the sample to a clean plastic bag.
    (ii) Each composite sample will consist of a minimum of three 
samples collected at approximately equal one-hour intervals during the 
testing period for sampling during performance stack testing.
    (2) If sampling from a fuel pile or truck, you must collect fuel 
samples according to paragraphs (c)(2)(i) through (iii) of this section.

[[Page 148]]

    (i) For each composite sample, you must select a minimum of five 
sampling locations uniformly spaced over the surface of the pile.
    (ii) At each sampling site, you must dig into the pile to a uniform 
depth of approximately 18 inches. You must insert a clean shovel into 
the hole and withdraw a sample, making sure that large pieces do not 
fall off during sampling; use the same shovel to collect all samples.
    (iii) You must transfer all samples to a clean plastic bag for 
further processing.
    (d) You must prepare each composite sample according to the 
procedures in paragraphs (d)(1) through (7) of this section.
    (1) You must thoroughly mix and pour the entire composite sample 
over a clean plastic sheet.
    (2) You must break large sample pieces (e.g., larger than 3 inches) 
into smaller sizes.
    (3) You must make a pie shape with the entire composite sample and 
subdivide it into four equal parts.
    (4) You must separate one of the quarter samples as the first 
subset.
    (5) If this subset is too large for grinding, you must repeat the 
procedure in paragraph (d)(3) of this section with the quarter sample 
and obtain a one-quarter subset from this sample.
    (6) You must grind the sample in a mill.
    (7) You must use the procedure in paragraph (d)(3) of this section 
to obtain a one-quarter subsample for analysis. If the quarter sample is 
too large, subdivide it further using the same procedure.
    (e) You must determine the concentration of pollutants in the fuel 
(mercury and/or chlorine and/or TSM) in units of pounds per million Btu 
of each composite sample for each fuel type according to the procedures 
in Table 6 to this subpart, for use in Equations 7, 8, and 9 of this 
subpart.
    (f) To demonstrate that a gaseous fuel other than natural gas or 
refinery gas qualifies as an other gas 1 fuel, as defined in Sec.  
63.7575, you must conduct a fuel specification analyses for mercury 
according to the procedures in paragraphs (g) through (i) of this 
section and Table 6 to this subpart, as applicable, except as specified 
in paragraph (f)(1) through (4) of this section, or as an alternative 
where fuel specification analysis is not practical, you must measure 
mercury concentration in the exhaust gas when firing only the gaseous 
fuel to be demonstrated as an other gas 1 fuel in the boiler or process 
heater according to the procedures in Table 6 to this subpart.
    (1) You are not required to conduct the fuel specification analyses 
in paragraphs (g) through (i) of this section for natural gas or 
refinery gas.
    (2) You are not required to conduct the fuel specification analyses 
in paragraphs (g) through (i) of this section for gaseous fuels that are 
subject to another subpart of this part, part 60, part 61, or part 65.
    (3) You are not required to conduct the fuel specification analyses 
in paragraphs (g) through (i) of this section on gaseous fuels for units 
that are complying with the limits for units designed to burn gas 2 
(other) fuels.
    (4) You are not required to conduct the fuel specification analyses 
in paragraphs (g) through (i) of this section for gas streams directly 
derived from natural gas at natural gas production sites or natural gas 
plants.
    (g) You must develop a site-specific fuel analysis plan for other 
gas 1 fuels according to the following procedures and requirements in 
paragraphs (g)(1) and (2) of this section.
    (1) If you intend to use an alternative analytical method other than 
those required by Table 6 to this subpart, you must submit the fuel 
analysis plan to the Administrator for review and approval no later than 
60 days before the date that you intend to conduct the initial 
compliance demonstration described in Sec.  63.7510.
    (2) You must include the information contained in paragraphs 
(g)(2)(i) through (vi) of this section in your fuel analysis plan.
    (i) The identification of all gaseous fuel types other than those 
exempted from fuel specification analysis under (f)(1) through (3) of 
this section anticipated to be burned in each boiler or process heater.
    (ii) For each anticipated fuel type, the identification of whether 
you or a

[[Page 149]]

fuel supplier will be conducting the fuel specification analysis.
    (iii) For each anticipated fuel type, a detailed description of the 
sample location and specific procedures to be used for collecting and 
preparing the samples if your procedures are different from the sampling 
methods contained in Table 6 to this subpart. Samples should be 
collected at a location that most accurately represents the fuel type, 
where possible, at a point prior to mixing with other dissimilar fuel 
types. If multiple boilers or process heaters are fueled by a common 
fuel stream it is permissible to conduct a single gas specification at 
the common point of gas distribution.
    (iv) For each anticipated fuel type, the analytical methods from 
Table 6 to this subpart, with the expected minimum detection levels, to 
be used for the measurement of mercury.
    (v) If you request to use an alternative analytical method other 
than those required by Table 6 to this subpart, you must also include a 
detailed description of the methods and procedures that you are 
proposing to use. Methods in Table 6 to this subpart shall be used until 
the requested alternative is approved.
    (vi) If you will be using fuel analysis from a fuel supplier in lieu 
of site-specific sampling and analysis, the fuel supplier must use the 
analytical methods required by Table 6 to this subpart. When using a 
fuel supplier's fuel analysis, the owner or operator is not required to 
submit the information in Sec.  63.7521(g)(2)(iii).
    (h) You must obtain a single fuel sample for each fuel type for fuel 
specification of gaseous fuels.
    (i) You must determine the concentration in the fuel of mercury, in 
units of microgram per cubic meter, dry basis, of each sample for each 
other gas 1 fuel type according to the procedures in Table 6 to this 
subpart.

[78 FR 7167, Jan. 31, 2013, as amended at 80 FR 72808, Nov. 20, 2015]



Sec.  63.7522  Can I use emissions averaging to comply with this subpart?

    (a) As an alternative to meeting the requirements of Sec.  63.7500 
for PM (or TSM), HCl, or mercury on a boiler or process heater-specific 
basis, if you have more than one existing boiler or process heater in 
any subcategories located at your facility, you may demonstrate 
compliance by emissions averaging, if your averaged emissions are not 
more than 90 percent of the applicable emission limit, according to the 
procedures in this section. You may not include new boilers or process 
heaters in an emissions average.
    (b) For a group of two or more existing boilers or process heaters 
in the same subcategory that each vent to a separate stack, you may 
average PM (or TSM), HCl, or mercury emissions among existing units to 
demonstrate compliance with the limits in Table 2 to this subpart as 
specified in paragraph (b)(1) through (3) of this section, if you 
satisfy the requirements in paragraphs (c) through (g) of this section.
    (1) You may average units using a CEMS or PM CPMS for demonstrating 
compliance.
    (2) For mercury and HCl, averaging is allowed as follows:
    (i) You may average among units in any of the solid fuel 
subcategories.
    (ii) You may average among units in any of the liquid fuel 
subcategories.
    (iii) You may average among units in a subcategory of units designed 
to burn gas 2 (other) fuels.
    (iv) You may not average across the units designed to burn liquid, 
units designed to burn solid fuel, and units designed to burn gas 2 
(other) subcategories.
    (3) For PM (or TSM), averaging is only allowed between units within 
each of the following subcategories and you may not average across 
subcategories:
    (i) Units designed to burn coal/solid fossil fuel.
    (ii) Stokers/sloped grate/other units designed to burn kiln dried 
biomass/bio-based solids.
    (iii) Stokers/sloped grate/other units designed to burn wet biomass/
bio-based solids.
    (iv) Fluidized bed units designed to burn biomass/bio-based solid.
    (v) Suspension burners designed to burn biomass/bio-based solid.
    (vi) Dutch ovens/pile burners designed to burn biomass/bio-based 
solid.
    (vii) Fuel Cells designed to burn biomass/bio-based solid.

[[Page 150]]

    (viii) Hybrid suspension/grate burners designed to burn wet biomass/
bio-based solid.
    (ix) Units designed to burn heavy liquid fuel.
    (x) Units designed to burn light liquid fuel.
    (xi) Units designed to burn liquid fuel that are non-continental 
units.
    (xii) Units designed to burn gas 2 (other) gases.
    (c) For each existing boiler or process heater in the averaging 
group, the emission rate achieved during the initial compliance test for 
the HAP being averaged must not exceed the emission level that was being 
achieved on April 1, 2013 or the control technology employed during the 
initial compliance test must not be less effective for the HAP being 
averaged than the control technology employed on April 1, 2013.
    (d) The averaged emissions rate from the existing boilers and 
process heaters participating in the emissions averaging option must not 
exceed 90 percent of the limits in Table 2 to this subpart at all times 
the affected units are subject to numeric emission limits following the 
compliance date specified in Sec.  63.7495.
    (e) You must demonstrate initial compliance according to paragraph 
(e)(1) or (2) of this section using the maximum rated heat input 
capacity or maximum steam generation capacity of each unit and the 
results of the initial performance tests or fuel analysis.
    (1) You must use Equation 1a or 1b or 1c of this section to 
demonstrate that the PM (or TSM), HCl, or mercury emissions from all 
existing units participating in the emissions averaging option for that 
pollutant do not exceed the emission limits in Table 2 to this subpart. 
Use Equation 1a if you are complying with the emission limits on a heat 
input basis, use Equation 1b if you are complying with the emission 
limits on a steam generation (output) basis, and use Equation 1c if you 
are complying with the emission limits on a electric generation (output) 
basis.
[GRAPHIC] [TIFF OMITTED] TR31JA13.004

Where:
AveWeightedEmissions = Average weighted emissions for PM (or TSM), HCl, 
          or mercury, in units of pounds per million Btu of heat input.
Er = Emission rate (as determined during the initial compliance 
          demonstration) of PM (or TSM), HCl, or mercury from unit, i, 
          in units of pounds per million Btu of heat input. Determine 
          the emission rate for PM (or TSM), HCl, or mercury by 
          performance testing according to Table 5 to this subpart, or 
          by fuel analysis for HCl or mercury or TSM using the 
          applicable equation in Sec.  63.7530(c).
Hm = Maximum rated heat input capacity of unit, i, in units of million 
          Btu per hour.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.005

Where:
AveWeightedEmissions = Average weighted emissions for PM (or TSM), HCl, 
          or mercury, in units of pounds per million Btu of steam 
          output.
Er = Emission rate (as determined during the initial compliance 
          demonstration) of PM (or TSM), HCl, or mercury from unit, i, 
          in units of pounds per million Btu of steam output. Determine 
          the emission rate for PM (or TSM), HCl, or mercury by 
          performance testing according to Table 5 to this subpart, or 
          by fuel analysis for HCl or mercury or TSM using the 
          applicable equation in Sec.  63.7530(c). If you are taking 
          credit for energy conservation measures from a unit according 
          to Sec.  63.7533, use the adjusted emission level

[[Page 151]]

          for that unit, Eadj, determined according to Sec.  63.7533 for 
          that unit.
So = Maximum steam output capacity of unit, i, in units of million Btu 
          per hour, as defined in Sec.  63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.006

Where:
AveWeightedEmissions = Average weighted emissions for PM (or TSM), HCl, 
          or mercury, in units of pounds per megawatt hour.
Er = Emission rate (as determined during the initial compliance 
          demonstration) of PM (or TSM), HCl, or mercury from unit, i, 
          in units of pounds per megawatt hour. Determine the emission 
          rate for PM (or TSM), HCl, or mercury by performance testing 
          according to Table 5 to this subpart, or by fuel analysis for 
          HCl or mercury or TSM using the applicable equation in Sec.  
          63.7530(c). If you are taking credit for energy conservation 
          measures from a unit according to Sec.  63.7533, use the 
          adjusted emission level for that unit, Eadj, determined 
          according to Sec.  63.7533 for that unit.
Eo = Maximum electric generating output capacity of unit, i, in units of 
          megawatt hour, as defined in Sec.  63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.

    (2) If you are not capable of determining the maximum rated heat 
input capacity of one or more boilers that generate steam, you may use 
Equation 2 of this section as an alternative to using Equation 1a of 
this section to demonstrate that the PM (or TSM), HCl, or mercury 
emissions from all existing units participating in the emissions 
averaging option do not exceed the emission limits for that pollutant in 
Table 2 to this subpart that are in pounds per million Btu of heat 
input.
[GRAPHIC] [TIFF OMITTED] TR31JA13.007

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM), 
          HCl, or mercury, in units of pounds per million Btu of heat 
          input.
Er = Emission rate (as determined during the most recent compliance 
          demonstration) of PM (or TSM), HCl, or mercury from unit, i, 
          in units of pounds per million Btu of heat input. Determine 
          the emission rate for PM (or TSM), HCl, or mercury by 
          performance testing according to Table 5 to this subpart, or 
          by fuel analysis for HCl or mercury or TSM using the 
          applicable equation in Sec.  63.7530(c).
Sm = Maximum steam generation capacity by unit, i, in units of pounds 
          per hour.
Cfi = Conversion factor, calculated from the most recent compliance 
          test, in units of million Btu of heat input per pounds of 
          steam generated for unit, i.
1.1 = Required discount factor.

    (f) After the initial compliance demonstration described in 
paragraph (e) of this section, you must demonstrate compliance on a 
monthly basis determined at the end of every month (12 times per year) 
according to paragraphs (f)(1) through (3) of this section. The first 
monthly period begins on the compliance date specified in Sec.  63.7495. 
If the affected source elects to collect monthly data for up the 11 
months preceding the first monthly period, these additional data points 
can be used to compute the 12-month rolling average in paragraph (f)(3) 
of this section.
    (1) For each calendar month, you must use Equation 3a or 3b or 3c of 
this section to calculate the average weighted emission rate for that 
month. Use Equation 3a and the actual heat input for the month for each 
existing

[[Page 152]]

unit participating in the emissions averaging option if you are 
complying with emission limits on a heat input basis. Use Equation 3b 
and the actual steam generation for the month if you are complying with 
the emission limits on a steam generation (output) basis. Use Equation 
3c and the actual electrical generation for the month if you are 
complying with the emission limits on an electrical generation (output) 
basis.
[GRAPHIC] [TIFF OMITTED] TR31JA13.008

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM), 
          HCl, or mercury, in units of pounds per million Btu of heat 
          input, for that calendar month.
Er = Emission rate (as determined during the most recent compliance 
          demonstration) of PM (or TSM), HCl, or mercury from unit, i, 
          in units of pounds per million Btu of heat input. Determine 
          the emission rate for PM (or TSM), HCl, or mercury by 
          performance testing according to Table 5 to this subpart, or 
          by fuel analysis for HCl or mercury or TSM according to Table 
          6 to this subpart.
Hb = The heat input for that calendar month to unit, i, in units of 
          million Btu.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.009

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM), 
          HCl, or mercury, in units of pounds per million Btu of steam 
          output, for that calendar month.
Er = Emission rate (as determined during the most recent compliance 
          demonstration) of PM (or TSM), HCl, or mercury from unit, i, 
          in units of pounds per million Btu of steam output. Determine 
          the emission rate for PM (or TSM), HCl, or mercury by 
          performance testing according to Table 5 to this subpart, or 
          by fuel analysis for HCl or mercury or TSM according to Table 
          6 to this subpart. If you are taking credit for energy 
          conservation measures from a unit according to Sec.  63.7533, 
          use the adjusted emission level for that unit, 
          Eadj, determined according to Sec.  63.7533 for 
          that unit.
So = The steam output for that calendar month from unit, i, in units of 
          million Btu, as defined in Sec.  63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.
[GRAPHIC] [TIFF OMITTED] TR31JA13.010

Where:
AveWeightedEmissions = Average weighted emission level for PM (or TSM), 
          HCl, or mercury, in units of pounds per megawatt hour, for 
          that calendar month.
Er = Emission rate (as determined during the most recent compliance 
          demonstration) of PM (or TSM), HCl, or mercury from unit, i, 
          in units of pounds per megawatt hour. Determine the emission 
          rate for PM (or TSM), HCl, or mercury by performance testing 
          according to Table 5 to this subpart, or by fuel analysis for 
          HCl or mercury or TSM according to Table 6 to this subpart. If 
          you are taking credit for energy conservation measures from a 
          unit according to Sec.  63.7533, use the adjusted emission 
          level for that unit, Eadj,

[[Page 153]]

          determined according to Sec.  63.7533 for that unit.
Eo = The electric generating output for that calendar month from unit, 
          i, in units of megawatt hour, as defined in Sec.  63.7575.
n = Number of units participating in the emissions averaging option.
1.1 = Required discount factor.

    (2) If you are not capable of monitoring heat input, you may use 
Equation 4 of this section as an alternative to using Equation 3a of 
this section to calculate the average weighted emission rate using the 
actual steam generation from the boilers participating in the emissions 
averaging option.
[GRAPHIC] [TIFF OMITTED] TR31JA13.011

Where:
AveWeightedEmissions = average weighted emission level for PM (or TSM), 
          HCl, or mercury, in units of pounds per million Btu of heat 
          input for that calendar month.
Er = Emission rate (as determined during the most recent compliance 
          demonstration of PM (or TSM), HCl, or mercury from unit, i, in 
          units of pounds per million Btu of heat input. Determine the 
          emission rate for PM (or TSM), HCl, or mercury by performance 
          testing according to Table 5 to this subpart, or by fuel 
          analysis for HCl or mercury or TSM according to Table 6 to 
          this subpart.
Sa = Actual steam generation for that calendar month by boiler, i, in 
          units of pounds.
Cfi = Conversion factor, as calculated during the most recent compliance 
          test, in units of million Btu of heat input per pounds of 
          steam generated for boiler, i.
1.1 = Required discount factor.

    (3) Until 12 monthly weighted average emission rates have been 
accumulated, calculate and report only the average weighted emission 
rate determined under paragraph (f)(1) or (2) of this section for each 
calendar month. After 12 monthly weighted average emission rates have 
been accumulated, for each subsequent calendar month, use Equation 5 of 
this section to calculate the 12-month rolling average of the monthly 
weighted average emission rates for the current calendar month and the 
previous 11 calendar months.
[GRAPHIC] [TIFF OMITTED] TR21MR11.004

Where:

Eavg = 12-month rolling average emission rate, (pounds per million Btu 
          heat input)
ERi = Monthly weighted average, for calendar month ``i'' (pounds per 
          million Btu heat input), as calculated by paragraph (f)(1) or 
          (2) of this section.

    (g) You must develop, and submit upon request to the applicable 
Administrator for review and approval, an implementation plan for 
emission averaging according to the following procedures and 
requirements in paragraphs (g)(1) through (4) of this section.
    (1) If requested, you must submit the implementation plan no later 
than 180 days before the date that the facility intends to demonstrate 
compliance using the emission averaging option.
    (2) You must include the information contained in paragraphs 
(g)(2)(i) through (vii) of this section in your implementation plan for 
all emission sources included in an emissions average:
    (i) The identification of all existing boilers and process heaters 
in the averaging group, including for each either the applicable HAP 
emission level or the control technology installed as of January 31, 
2013 and the date on which you are requesting emission averaging to 
commence;

[[Page 154]]

    (ii) The process parameter (heat input or steam generated) that will 
be monitored for each averaging group;
    (iii) The specific control technology or pollution prevention 
measure to be used for each emission boiler or process heater in the 
averaging group and the date of its installation or application. If the 
pollution prevention measure reduces or eliminates emissions from 
multiple boilers or process heaters, the owner or operator must identify 
each boiler or process heater;
    (iv) The test plan for the measurement of PM (or TSM), HCl, or 
mercury emissions in accordance with the requirements in Sec.  63.7520;
    (v) The operating parameters to be monitored for each control system 
or device consistent with Sec.  63.7500 and Table 4, and a description 
of how the operating limits will be determined;
    (vi) If you request to monitor an alternative operating parameter 
pursuant to Sec.  63.7525, you must also include:
    (A) A description of the parameter(s) to be monitored and an 
explanation of the criteria used to select the parameter(s); and
    (B) A description of the methods and procedures that will be used to 
demonstrate that the parameter indicates proper operation of the control 
device; the frequency and content of monitoring, reporting, and 
recordkeeping requirements; and a demonstration, to the satisfaction of 
the Administrator, that the proposed monitoring frequency is sufficient 
to represent control device operating conditions; and
    (vii) A demonstration that compliance with each of the applicable 
emission limit(s) will be achieved under representative operating load 
conditions. Following each compliance demonstration and until the next 
compliance demonstration, you must comply with the operating limit for 
operating load conditions specified in Table 4 to this subpart.
    (3) If submitted upon request, the Administrator shall review and 
approve or disapprove the plan according to the following criteria:
    (i) Whether the content of the plan includes all of the information 
specified in paragraph (g)(2) of this section; and
    (ii) Whether the plan presents sufficient information to determine 
that compliance will be achieved and maintained.
    (4) The applicable Administrator shall not approve an emission 
averaging implementation plan containing any of the following 
provisions:
    (i) Any averaging between emissions of differing pollutants or 
between differing sources; or
    (ii) The inclusion of any emission source other than an existing 
unit in the same subcategories.
    (h) For a group of two or more existing affected units, each of 
which vents through a single common stack, you may average PM (or TSM), 
HCl, or mercury emissions to demonstrate compliance with the limits for 
that pollutant in Table 2 to this subpart if you satisfy the 
requirements in paragraph (i) or (j) of this section.
    (i) For a group of two or more existing units in the same 
subcategory, each of which vents through a common emissions control 
system to a common stack, that does not receive emissions from units in 
other subcategories or categories, you may treat such averaging group as 
a single existing unit for purposes of this subpart and comply with the 
requirements of this subpart as if the group were a single unit.
    (j) For all other groups of units subject to the common stack 
requirements of paragraph (h) of this section, including situations 
where the exhaust of affected units are each individually controlled and 
then sent to a common stack, the owner or operator may elect to:
    (1) Conduct performance tests according to procedures specified in 
Sec.  63.7520 in the common stack if affected units from other 
subcategories vent to the common stack. The emission limits that the 
group must comply with are determined by the use of Equation 6 of this 
section.

[[Page 155]]

[GRAPHIC] [TIFF OMITTED] TR31JA13.012

Where:
En = HAP emission limit, pounds per million British thermal units (lb/
          MMBtu) or parts per million (ppm).
Eli = Appropriate emission limit from Table 2 to this subpart for unit 
          i, in units of lb/MMBtu or ppm.
Hi = Heat input from unit i, MMBtu.

    (2) Conduct performance tests according to procedures specified in 
Sec.  63.7520 in the common stack. If affected units and non-affected 
units vent to the common stack, the non-affected units must be shut down 
or vented to a different stack during the performance test unless the 
facility determines to demonstrate compliance with the non-affected 
units venting to the stack; and
    (3) Meet the applicable operating limit specified in Sec.  63.7540 
and Table 8 to this subpart for each emissions control system (except 
that, if each unit venting to the common stack has an applicable opacity 
operating limit, then a single continuous opacity monitoring system may 
be located in the common stack instead of in each duct to the common 
stack).
    (k) The common stack of a group of two or more existing boilers or 
process heaters in the same subcategories subject to paragraph (h) of 
this section may be treated as a separate stack for purposes of 
paragraph (b) of this section and included in an emissions averaging 
group subject to paragraph (b) of this section.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7168, Jan. 31, 2013; 80 
FR 72809, Nov. 20, 2015]



Sec.  63.7525  What are my monitoring, installation, operation, and
maintenance requirements?

    (a) If your boiler or process heater is subject to a CO emission 
limit in Tables 1, 2, or 11 through 13 to this subpart, you must 
install, operate, and maintain an oxygen analyzer system, as defined in 
Sec.  63.7575, or install, certify, operate and maintain continuous 
emission monitoring systems for CO and oxygen (or carbon dioxide 
(CO2)) according to the procedures in paragraphs (a)(1) 
through (6) of this section.
    (1) Install the CO CEMS and oxygen (or CO2) analyzer by 
the compliance date specified in Sec.  63.7495. The CO and oxygen (or 
CO2) levels shall be monitored at the same location at the 
outlet of the boiler or process heater. An owner or operator may request 
an alternative test method under Sec.  63.7 of this chapter, in order 
that compliance with the CO emissions limit be determined using 
CO2 as a diluent correction in place of oxygen at 3 percent. 
EPA Method 19 F-factors and EPA Method 19 equations must be used to 
generate the appropriate CO2 correction percentage for the 
fuel type burned in the unit, and must also take into account that the 3 
percent oxygen correction is to be done on a dry basis. The alternative 
test method request must account for any CO2 being added to, 
or removed from, the emissions gas stream as a result of limestone 
injection, scrubber media, etc.
    (2) To demonstrate compliance with the applicable alternative CO 
CEMS emission standard listed in Tables 1, 2, or 11 through 13 to this 
subpart, you must install, certify, operate, and maintain a CO CEMS and 
an oxygen analyzer according to the applicable procedures under 
Performance Specification 4, 4A, or 4B at 40 CFR part 60, appendix B; 
part 75 of this chapter (if an CO2 analyzer is used); the 
site-specific monitoring plan developed according to Sec.  63.7505(d); 
and the requirements in Sec.  63.7540(a)(8) and paragraph (a) of this 
section. Any boiler or process heater that has a CO CEMS that is 
compliant with Performance Specification 4, 4A, or 4B at 40 CFR part 60, 
appendix B, a site-specific monitoring plan developed according to Sec.  
63.7505(d), and the requirements in Sec.  63.7540(a)(8) and paragraph 
(a) of this section must use the CO CEMS to comply with the applicable 
alternative CO CEMS emission standard listed in Tables 1, 2, or 11 
through 13 to this subpart.

[[Page 156]]

    (i) You must conduct a performance evaluation of each CO CEMS 
according to the requirements in Sec.  63.8(e) and according to 
Performance Specification 4, 4A, or 4B at 40 CFR part 60, appendix B.
    (ii) During each relative accuracy test run of the CO CEMS, you must 
be collect emission data for CO concurrently (or within a 30- to 60-
minute period) by both the CO CEMS and by Method 10, 10A, or 10B at 40 
CFR part 60, appendix A-4. The relative accuracy testing must be at 
representative operating conditions.
    (iii) You must follow the quality assurance procedures (e.g., 
quarterly accuracy determinations and daily calibration drift tests) of 
Procedure 1 of appendix F to part 60. The measurement span value of the 
CO CEMS must be two times the applicable CO emission limit, expressed as 
a concentration.
    (iv) Any CO CEMS that does not comply with Sec.  63.7525(a) cannot 
be used to meet any requirement in this subpart to demonstrate 
compliance with a CO emission limit listed in Tables 1, 2, or 11 through 
13 to this subpart.
    (v) For a new unit, complete the initial performance evaluation no 
later than July 30, 2013, or 180 days after the date of initial startup, 
whichever is later. For an existing unit, complete the initial 
performance evaluation no later than July 29, 2016.
    (vi) When CO2 is used to correct CO emissions and 
CO2 is measured on a wet basis, correct for moisture as 
follows: Install, operate, maintain, and quality assure a continuous 
moisture monitoring system for measuring and recording the moisture 
content of the flue gases, in order to correct the measured hourly 
volumetric flow rates for moisture when calculating CO concentrations. 
The following continuous moisture monitoring systems are acceptable: A 
continuous moisture sensor; an oxygen analyzer (or analyzers) capable of 
measuring O2 both on a wet basis and on a dry basis; or a 
stack temperature sensor and a moisture look-up table, i.e., a 
psychrometric chart (for saturated gas streams following wet scrubbers 
or other demonstrably saturated gas streams, only). The moisture 
monitoring system shall include as a component the automated data 
acquisition and handling system (DAHS) for recording and reporting both 
the raw data (e.g., hourly average wet-and dry basis O2 
values) and the hourly average values of the stack gas moisture content 
derived from those data. When a moisture look-up table is used, the 
moisture monitoring system shall be represented as a single component, 
the certified DAHS, in the monitoring plan for the unit or common stack.
    (3) Complete a minimum of one cycle of CO and oxygen (or 
CO2) CEMS operation (sampling, analyzing, and data recording) 
for each successive 15-minute period. Collect CO and oxygen (or 
CO2) data concurrently. Collect at least four CO and oxygen 
(or CO2) CEMS data values representing the four 15-minute 
periods in an hour, or at least two 15-minute data values during an hour 
when CEMS calibration, quality assurance, or maintenance activities are 
being performed.
    (4) Reduce the CO CEMS data as specified in Sec.  63.8(g)(2).
    (5) Calculate one-hour arithmetic averages, corrected to 3 percent 
oxygen (or corrected to an CO2 percentage determined to be 
equivalent to 3 percent oxygen) from each hour of CO CEMS data in parts 
per million CO concentration. The one-hour arithmetic averages required 
shall be used to calculate the 30-day or 10-day rolling average 
emissions. Use Equation 19-19 in section 12.4.1 of Method 19 of 40 CFR 
part 60, appendix A-7 for calculating the average CO concentration from 
the hourly values.
    (6) For purposes of collecting CO data, operate the CO CEMS as 
specified in Sec.  63.7535(b). You must use all the data collected 
during all periods in calculating data averages and assessing 
compliance, except that you must exclude certain data as specified in 
Sec.  63.7535(c). Periods when CO data are unavailable may constitute 
monitoring deviations as specified in Sec.  63.7535(d).
    (7) Operate an oxygen trim system with the oxygen level set no lower 
than the lowest hourly average oxygen concentration measured during the 
most recent CO performance test as the operating limit for oxygen 
according to Table 7 to this subpart.

[[Page 157]]

    (b) If your boiler or process heater is in the unit designed to burn 
coal/solid fossil fuel subcategory or the unit designed to burn heavy 
liquid subcategory and has an average annual heat input rate greater 
than 250 MMBtu per hour from solid fossil fuel and/or heavy liquid, and 
you demonstrate compliance with the PM limit instead of the alternative 
TSM limit, you must install, maintain, and operate a PM CPMS monitoring 
emissions discharged to the atmosphere and record the output of the 
system as specified in paragraphs (b)(1) through (4) of this section. As 
an alternative to use of a PM CPMS to demonstrate compliance with the PM 
limit, you may choose to use a PM CEMS. If you choose to use a PM CEMS 
to demonstrate compliance with the PM limit instead of the alternative 
TSM limit, you must install, certify, maintain, and operate a PM CEMS 
monitoring emissions discharged to the atmosphere and record the output 
of the system as specified in paragraph (b)(5) through (8) of this 
section. For other boilers or process heaters, you may elect to use a PM 
CPMS or PM CEMS operated in accordance with this section in lieu of 
using other CMS for monitoring PM compliance (e.g., bag leak detectors, 
ESP secondary power, and PM scrubber pressure). Owners of boilers and 
process heaters who elect to comply with the alternative TSM limit are 
not required to install a PM CPMS.
    (1) Install, operate, and maintain your PM CPMS according to the 
procedures in your approved site-specific monitoring plan developed in 
accordance with Sec.  63.7505(d), the requirements in Sec.  
63.7540(a)(9), and paragraphs (b)(1)(i) through (iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-stack 
or extractive light scatter, light scintillation, beta attenuation, or 
mass accumulation detection of PM in the exhaust gas or representative 
exhaust gas sample. The reportable measurement output from the PM CPMS 
must be expressed as milliamps.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must have a documented detection limit of 0.5 
milligram per actual cubic meter, or less.
    (2) For a new unit, complete the initial performance evaluation no 
later than July 30, 2013, or 180 days after the date of initial startup, 
whichever is later. For an existing unit, complete the initial 
performance evaluation no later than July 29, 2016.
    (3) Collect PM CPMS hourly average output data for all boiler or 
process heater operating hours except as indicated in Sec.  63.7535(a) 
through (d). Express the PM CPMS output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output data collected during all boiler or 
process heater operating hours (milliamps).
    (5) Install, certify, operate, and maintain your PM CEMS according 
to the procedures in your approved site-specific monitoring plan 
developed in accordance with Sec.  63.7505(d), the requirements in Sec.  
63.7540(a)(9), and paragraphs (b)(5)(i) through (iv) of this section.
    (i) You shall conduct a performance evaluation of the PM CEMS 
according to the applicable requirements of Sec.  60.8(e), and 
Performance Specification 11 at 40 CFR part 60, appendix B of this 
chapter.
    (ii) During each PM correlation testing run of the CEMS required by 
Performance Specification 11 at 40 CFR part 60, appendix B of this 
chapter, you shall collect PM and oxygen (or carbon dioxide) data 
concurrently (or within a 30-to 60-minute period) by both the CEMS and 
conducting performance tests using Method 5 at 40 CFR part 60, appendix 
A-3 or Method 17 at 40 CFR part 60, appendix A-6 of this chapter.
    (iii) You shall perform quarterly accuracy determinations and daily 
calibration drift tests in accordance with Procedure 2 at 40 CFR part 
60, appendix F of this chapter. You must perform Relative Response 
Audits annually and perform Response Correlation Audits every 3 years.
    (iv) Within 60 days after the date of completing each CEMS relative 
accuracy test audit or performance test conducted to demonstrate 
compliance with this subpart, you must submit the

[[Page 158]]

relative accuracy test audit data and performance test data to the EPA 
by successfully submitting the data electronically into the EPA's 
Central Data Exchange by using the Electronic Reporting Tool (see http:/
/www.epa.gov/ttn/chief/ert/erttool.html/).
    (6) For a new unit, complete the initial performance evaluation no 
later than July 30, 2013, or 180 days after the date of initial startup, 
whichever is later. For an existing unit, complete the initial 
performance evaluation no later than July 29, 2016.
    (7) Collect PM CEMS hourly average output data for all boiler or 
process heater operating hours except as indicated in Sec.  63.7535(a) 
through (d).
    (8) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CEMS output data collected during all boiler or 
process heater operating hours.
    (c) If you have an applicable opacity operating limit in this rule, 
and are not otherwise required or elect to install and operate a PM 
CPMS, PM CEMS, or a bag leak detection system, you must install, 
operate, certify and maintain each COMS according to the procedures in 
paragraphs (c)(1) through (7) of this section by the compliance date 
specified in Sec.  63.7495.
    (1) Each COMS must be installed, operated, and maintained according 
to Performance Specification 1 at appendix B to part 60 of this chapter.
    (2) You must conduct a performance evaluation of each COMS according 
to the requirements in Sec.  63.8(e) and according to Performance 
Specification 1 at appendix B to part 60 of this chapter.
    (3) As specified in Sec.  63.8(c)(4)(i), each COMS must complete a 
minimum of one cycle of sampling and analyzing for each successive 10-
second period and one cycle of data recording for each successive 6-
minute period.
    (4) The COMS data must be reduced as specified in Sec.  63.8(g)(2).
    (5) You must include in your site-specific monitoring plan 
procedures and acceptance criteria for operating and maintaining each 
COMS according to the requirements in Sec.  63.8(d). At a minimum, the 
monitoring plan must include a daily calibration drift assessment, a 
quarterly performance audit, and an annual zero alignment audit of each 
COMS.
    (6) You must operate and maintain each COMS according to the 
requirements in the monitoring plan and the requirements of Sec.  
63.8(e). You must identify periods the COMS is out of control including 
any periods that the COMS fails to pass a daily calibration drift 
assessment, a quarterly performance audit, or an annual zero alignment 
audit. Any 6-minute period for which the monitoring system is out of 
control and data are not available for a required calculation 
constitutes a deviation from the monitoring requirements.
    (7) You must determine and record all the 6-minute averages (and 
daily block averages as applicable) collected for periods during which 
the COMS is not out of control.
    (d) If you have an operating limit that requires the use of a CMS 
other than a PM CPMS or COMS, you must install, operate, and maintain 
each CMS according to the procedures in paragraphs (d)(1) through (5) of 
this section by the compliance date specified in Sec.  63.7495.
    (1) The CPMS must complete a minimum of one cycle of operation every 
15-minutes. You must have a minimum of four successive cycles of 
operation, one representing each of the four 15-minute periods in an 
hour, to have a valid hour of data.
    (2) You must operate the monitoring system as specified in Sec.  
63.7535(b), and comply with the data calculation requirements specified 
in Sec.  63.7535(c).
    (3) Any 15-minute period for which the monitoring system is out-of-
control and data are not available for a required calculation 
constitutes a deviation from the monitoring requirements. Other 
situations that constitute a monitoring deviation are specified in Sec.  
63.7535(d).
    (4) You must determine the 30-day rolling average of all recorded 
readings, except as provided in Sec.  63.7535(c).
    (5) You must record the results of each inspection, calibration, and 
validation check.

[[Page 159]]

    (e) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (d) and 
(e)(1) through (4) of this section.
    (1) You must install the flow sensor and other necessary equipment 
in a position that provides a representative flow.
    (2) You must use a flow sensor with a measurement sensitivity of no 
greater than 2 percent of the design flow rate.
    (3) You must minimize, consistent with good engineering practices, 
the effects of swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (4) You must conduct a flow monitoring system performance evaluation 
in accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (f) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(d) and (f)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion consistent with good engineering 
practices.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in you monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (g) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (d) and (g)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Calibrate the pH monitoring system in accordance with your 
monitoring plan and according to the manufacturer's instructions. Clean 
the pH probe at least once each process operating day. Maintain on-site 
documentation that your calibration frequency is sufficient to maintain 
the specified accuracy of your device.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the pH of the operating limit) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than annually.
    (h) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator (ESP) 
operated with a wet scrubber, you must meet the requirements in 
paragraphs (h)(1) and (2) of this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (i) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (d) and (i)(1) through (2) of this section.

[[Page 160]]

    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (j) If you are not required to use a PM CPMS and 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 the bag leak detection system as specified in paragraphs (j)(1) 
through (6) of this section.
    (1) You must install a bag leak detection sensor(s) in a position(s) 
that will be representative of the relative or absolute PM loadings for 
each exhaust stack, roof vent, or compartment (e.g., for a positive 
pressure fabric filter) of the fabric filter.
    (2) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec.  63.14).
    (3) Use a bag leak detection system certified by the manufacturer to 
be capable of detecting PM emissions at concentrations of 10 milligrams 
per actual cubic meter or less.
    (4) Use a bag leak detection system equipped with a device to record 
continuously the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that will 
alert plant operating personnel when an increase in relative PM 
emissions over a preset level is detected. The alert must easily 
recognizable (e.g., heard or seen) by plant operating personnel.
    (6) Where multiple bag leak detectors are required, the system's 
instrumentation and alert may be shared among detectors.
    (k) For each unit that meets the definition of limited-use boiler or 
process heater, you must keep fuel use records for the days the boiler 
or process heater was operating.
    (l) For each unit for which you decide to demonstrate compliance 
with the mercury or HCl emissions limits in Tables 1 or 2 or 11 through 
13 of this subpart by use of a CEMS for mercury or HCl, you must 
install, certify, maintain, and operate a CEMS measuring emissions 
discharged to the atmosphere and record the output of the system as 
specified in paragraphs (l)(1) through (8) of this section. For HCl, 
this option for an affected unit takes effect on the date a final 
performance specification for a HCl CEMS is published in the Federal 
Register or the date of approval of a site-specific monitoring plan.
    (1) Notify the Administrator one month before starting use of the 
CEMS, and notify the Administrator one month before stopping use of the 
CEMS.
    (2) Each CEMS shall be installed, certified, operated, and 
maintained according to the requirements in Sec.  63.7540(a)(14) for a 
mercury CEMS and Sec.  63.7540(a)(15) for a HCl CEMS.
    (3) For a new unit, you must complete the initial performance 
evaluation of the CEMS by the latest of the dates specified in paragraph 
(l)(3)(i) through (iii) of this section.
    (i) No later than July 30, 2013.
    (ii) No later 180 days after the date of initial startup.
    (iii) No later 180 days after notifying the Administrator before 
starting to use the CEMS in place of performance testing or fuel 
analysis to demonstrate compliance.
    (4) For an existing unit, you must complete the initial performance 
evaluation by the latter of the two dates specified in paragraph 
(l)(4)(i) and (ii) of this section.
    (i) No later than July 29, 2016.
    (ii) No later 180 days after notifying the Administrator before 
starting to use the CEMS in place of performance testing or fuel 
analysis to demonstrate compliance.
    (5) Compliance with the applicable emissions limit shall be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emissions rates using the continuous monitoring system outlet 
data. The 30-day rolling arithmetic average emission rate (lb/MMBtu) 
shall be calculated using the equations in EPA Reference Method 19 at 40 
CFR part 60, appendix

[[Page 161]]

A-7, but substituting the mercury or HCl concentration for the pollutant 
concentrations normally used in Method 19.
    (6) Collect CEMS hourly averages for all operating hours on a 30-day 
rolling average basis. Collect at least four CMS data values 
representing the four 15-minute periods in an hour, or at least two 15-
minute data values during an hour when CMS calibration, quality 
assurance, or maintenance activities are being performed.
    (7) The one-hour arithmetic averages required shall be expressed in 
lb/MMBtu and shall be used to calculate the boiler 30-day and 10-day 
rolling average emissions.
    (8) You are allowed to substitute the use of the PM, mercury or HCl 
CEMS for the applicable fuel analysis, annual performance test, and 
operating limits specified in Table 4 to this subpart to demonstrate 
compliance with the PM, mercury or HCl emissions limit, and if you are 
using an acid gas wet scrubber or dry sorbent injection control 
technology to comply with the HCl emission limit, you are allowed to 
substitute the use of a sulfur dioxide (SO2) CEMS for the 
applicable fuel analysis, annual performance test, and operating limits 
specified in Table 4 to this subpart to demonstrate compliance with HCl 
emissions limit.
    (m) If your unit is subject to a HCl emission limit in Tables 1, 2, 
or 11 through 13 of this subpart and you have an acid gas wet scrubber 
or dry sorbent injection control technology and you elect to use an 
SO2 CEMS to demonstrate continuous compliance with the HCl 
emission limit, you must install the monitor at the outlet of the boiler 
or process heater, downstream of all emission control devices, and you 
must install, certify, operate, and maintain the CEMS according to 
either part 60 or part 75 of this chapter.
    (1) The SO2 CEMS must be installed by the compliance date 
specified in Sec.  63.7495.
    (2) For on-going quality assurance (QA), the SO2 CEMS 
must meet either the applicable daily and quarterly requirements in 
Procedure 1 of appendix F of part 60 or the applicable daily, quarterly, 
and semiannual or annual requirements in sections 2.1 through 2.3 of 
appendix B to part 75 of this chapter, with the following addition: You 
must perform the linearity checks required in section 2.2 of appendix B 
to part 75 of this chapter if the SO2 CEMS has a span value 
of 30 ppm or less.
    (3) For a new unit, the initial performance evaluation shall be 
completed no later than July 30, 2013, or 180 days after the date of 
initial startup, whichever is later. For an existing unit, the initial 
performance evaluation shall be completed no later than July 29, 2016.
    (4) For purposes of collecting SO2 data, you must operate 
the SO2 CEMS as specified in Sec.  63.7535(b). You must use 
all the data collected during all periods in calculating data averages 
and assessing compliance, except that you must exclude certain data as 
specified in Sec.  63.7535(c). Periods when SO2 data are 
unavailable may constitute monitoring deviations as specified in Sec.  
63.7535(d).
    (5) Collect CEMS hourly averages for all operating hours on a 30-day 
rolling average basis.
    (6) Use only unadjusted, quality-assured SO2 
concentration values in the emissions calculations; do not apply bias 
adjustment factors to the part 75 SO2 data and do not use 
part 75 substitute data values.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7171, Jan. 31, 2013; 80 
FR 72810, Nov. 20, 2015]



Sec.  63.7530  How do I demonstrate initial compliance with the emission
limitations, fuel specifications and work practice standards?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you by conducting initial performance tests and fuel 
analyses and establishing operating limits, as applicable, according to 
Sec.  63.7520, paragraphs (b) and (c) of this section, and Tables 5 and 
7 to this subpart. The requirement to conduct a fuel analysis is not 
applicable for units that burn a single type of fuel, as specified by 
Sec.  63.7510(a)(2). If applicable, you must also install, operate, and 
maintain all applicable CMS (including CEMS, COMS, and CPMS) according 
to Sec.  63.7525.

[[Page 162]]

    (b) If you demonstrate compliance through performance stack testing, 
you must establish each site-specific operating limit in Table 4 to this 
subpart that applies to you according to the requirements in Sec.  
63.7520, Table 7 to this subpart, and paragraph (b)(4) of this section, 
as applicable. You must also conduct fuel analyses according to Sec.  
63.7521 and establish maximum fuel pollutant input levels according to 
paragraphs (b)(1) through (3) of this section, as applicable, and as 
specified in Sec.  63.7510(a)(2). (Note that Sec.  63.7510(a)(2) exempts 
certain fuels from the fuel analysis requirements.) However, if you 
switch fuel(s) and cannot show that the new fuel(s) does (do) not 
increase the chlorine, mercury, or TSM input into the unit through the 
results of fuel analysis, then you must repeat the performance test to 
demonstrate compliance while burning the new fuel(s).
    (1) You must establish the maximum chlorine fuel input (Clinput) 
during the initial fuel analysis according to the procedures in 
paragraphs (b)(1)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
chlorine.
    (ii) During the fuel analysis for hydrogen chloride, you must 
determine the fraction of the total heat input for each fuel type burned 
(Qi) based on the fuel mixture that has the highest content of chlorine, 
and the average chlorine concentration of each fuel type burned (Ci).
    (iii) You must establish a maximum chlorine input level using 
Equation 7 of this section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.006


Where:

Clinput = Maximum amount of chlorine entering the boiler or process 
          heater through fuels burned in units of pounds per million 
          Btu.
Ci = Arithmetic average concentration of chlorine in fuel type, i, 
          analyzed according to Sec.  63.7521, in units of pounds per 
          million Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest content of chlorine during the 
          initial compliance test. If you do not burn multiple fuel 
          types during the performance testing, it is not necessary to 
          determine the value of this term. Insert a value of ``1'' for 
          Qi. For continuous compliance demonstration, the actual 
          fraction of the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest content of 
          chlorine.

    (2) You must establish the maximum mercury fuel input level 
(Mercuryinput) during the initial fuel analysis using the procedures in 
paragraphs (b)(2)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
mercury.
    (ii) During the compliance demonstration for mercury, you must 
determine the fraction of total heat input for each fuel burned (Qi) 
based on the fuel mixture that has the highest content of mercury, and 
the average mercury concentration of each fuel type burned (HGi).
    (iii) You must establish a maximum mercury input level using 
Equation 8 of this section.
[GRAPHIC] [TIFF OMITTED] TR21MR11.007



[[Page 163]]


Where:

Mercuryinput = Maximum amount of mercury entering the boiler or process 
          heater through fuels burned in units of pounds per million 
          Btu.
HGi = Arithmetic average concentration of mercury in fuel type, i, 
          analyzed according to Sec.  63.7521, in units of pounds per 
          million Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest mercury content during the 
          initial compliance test. If you do not burn multiple fuel 
          types during the performance test, it is not necessary to 
          determine the value of this term. Insert a value of ``1'' for 
          Qi. For continuous compliance demonstration, the actual 
          fraction of the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest content of 
          mercury.

    (3) If you opt to comply with the alternative TSM limit, you must 
establish the maximum TSM fuel input (TSMinput) for solid or liquid 
fuels during the initial fuel analysis according to the procedures in 
paragraphs (b)(3)(i) through (iii) of this section.
    (i) You must determine the fuel type or fuel mixture that you could 
burn in your boiler or process heater that has the highest content of 
TSM.
    (ii) During the fuel analysis for TSM, you must determine the 
fraction of the total heat input for each fuel type burned (Qi) based on 
the fuel mixture that has the highest content of TSM, and the average 
TSM concentration of each fuel type burned (TSMi).
    (iii) You must establish a maximum TSM input level using Equation 9 
of this section.
[GRAPHIC] [TIFF OMITTED] TR31JA13.013

Where:

TSMinput = Maximum amount of TSM entering the boiler or process heater 
          through fuels burned in units of pounds per million Btu.
TSMi = Arithmetic average concentration of TSM in fuel type, i, analyzed 
          according to Sec.  63.7521, in units of pounds per million 
          Btu.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest content of TSM during the initial 
          compliance test. If you do not burn multiple fuel types during 
          the performance testing, it is not necessary to determine the 
          value of this term. Insert a value of ``1'' for Qi. For 
          continuous compliance demonstration, the actual fraction of 
          the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest content of TSM.

    (4) You must establish parameter operating limits according to 
paragraphs (b)(4)(i) through (ix) of this section. As indicated in Table 
4 to this subpart, you are not required to establish and comply with the 
operating parameter limits when you are using a CEMS to monitor and 
demonstrate compliance with the applicable emission limit for that 
control device parameter.
    (i) For a wet acid gas scrubber, you must establish the minimum 
scrubber effluent pH and liquid flow rate as defined in Sec.  63.7575, 
as your operating limits during the performance test during which you 
demonstrate compliance with your applicable limit. If you use a wet 
scrubber and you conduct separate performance tests for HCl and mercury 
emissions, you must establish one set of minimum scrubber effluent pH, 
liquid flow rate, and pressure drop operating limits. The minimum 
scrubber effluent pH operating limit must be established during the HCl 
performance test. If you conduct multiple performance tests, you must 
set the minimum liquid flow rate operating limit at the higher of the 
minimum values established during the performance tests.
    (ii) For any particulate control device (e.g., ESP, particulate wet 
scrubber, fabric filter) for which you use a PM CPMS, you must establish 
your PM CPMS operating limit and determine compliance with it according 
to paragraphs (b)(4)(ii)(A) through (F) of this section.

[[Page 164]]

    (A) Determine your operating limit as the average PM CPMS output 
value recorded during the most recent performance test run demonstrating 
compliance with the filterable PM emission limit or at the PM CPMS 
output value corresponding to 75 percent of the emission limit if your 
PM performance test demonstrates compliance below 75 percent of the 
emission limit. You must verify an existing or establish a new operating 
limit after each repeated performance test. 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.
    (1) Your PM CPMS must provide a 4-20 milliamp output and the 
establishment of its relationship to manual reference method 
measurements must be determined in units of milliamps.
    (2) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two 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 two times your allowable emission limit.
    (3) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp 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 2-hour Method 5I test runs).
    (B) If the average of your three PM performance test runs are 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 performance test with the 
procedures in paragraphs (b)(4)(ii)(B)(1) through (4) of this section.
    (1) Determine your 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) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air.
    (iii) 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.
    (iv) If none of the steps in paragraphs (b)(4)(ii)(B)(1)(i) through 
(iii) of this section are possible, you must use a zero output value 
provided by the manufacturer.
    (2) Determine your PM CPMS instrument average in milliamps, and the 
average of your corresponding three PM compliance test runs, using 
equation 10.
[GRAPHIC] [TIFF OMITTED] TR31JA13.014

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, and
n = the number of data points.

    (3) With your instrument zero expressed in milliamps, your three run 
average PM CPMS milliamp value, and

[[Page 165]]

your three run average PM concentration from your three compliance 
tests, determine a relationship of lb/MMBtu per milliamp with equation 
11.
[GRAPHIC] [TIFF OMITTED] TR31JA13.015

Where:

R = the relative lb/MMBtu per milliamp for your PM CPMS,
Y1 = the three run average lb/MMBtu PM concentration,
X1 = the three run average milliamp output from you PM CPMS, 
          and
z = the milliamp equivalent of your instrument zero determined from 
          (B)(i).

    (4) Determine your source specific 30-day rolling average operating 
limit using the lb/MMBtu per milliamp value from Equation 11 in equation 
12, below. This sets your operating limit at the PM CPMS output value 
corresponding to 75 percent of your emission limit.
[GRAPHIC] [TIFF OMITTED] TR31JA13.016

Where:

Ol = the operating limit for your PM CPMS on a 30-day rolling 
          average, in milliamps.
L = your source emission limit expressed in lb/MMBtu,
z = your instrument zero in milliamps, determined from (B)(i), and
R = the relative lb/MMBtu per milliamp for your PM CPMS, from Equation 
          11.

    (C) 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 30-
day rolling average operating limit by averaging the PM CPMS milliamp 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using equation 13 and you 
must submit all compliance test and PM CPMS data according to the 
reporting requirements in paragraph (b)(4)(ii)(F) of this section.
[GRAPHIC] [TIFF OMITTED] TR31JA13.017

Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps.

    (D) To determine continuous compliance, you must record 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-
day rolling average basis, updated at the end of each new operating 
hour. Use Equation 14 to determine the 30-day rolling average.

[[Page 166]]

[GRAPHIC] [TIFF OMITTED] TR31JA13.018

Where:

30-day = 30-day average.
Hpvi = is the hourly parameter value for hour i
n = is the number of valid hourly parameter values collected over the 
          previous 30 operating days.

    (E) Use EPA Method 5 of appendix A to part 60 of this chapter to 
determine PM emissions. For each performance test, conduct three 
separate runs under the conditions that exist when the affected source 
is operating at the highest load or capacity level reasonably expected 
to occur. Conduct each test run to collect a minimum sample volume 
specified in Tables 1, 2, or 11 through 13 to this subpart, as 
applicable, for determining compliance with a new source limit or an 
existing source limit. Calculate the average of the results from three 
runs to determine compliance. You need not determine the PM collected in 
the impingers (``back half'') of the Method 5 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.
    (F) 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.
    (iii) For a particulate wet scrubber, you must establish the minimum 
pressure drop and liquid flow rate as defined in Sec.  63.7575, as your 
operating limits during the three-run performance test during which you 
demonstrate compliance with your applicable limit. If you use a wet 
scrubber and you conduct separate performance tests for PM and TSM 
emissions, you must establish one set of minimum scrubber liquid flow 
rate and pressure drop operating limits. The minimum scrubber effluent 
pH operating limit must be established during the HCl performance test. 
If you conduct multiple performance tests, you must set the minimum 
liquid flow rate and pressure drop operating limits at the higher of the 
minimum values established during the performance tests.
    (iv) For an electrostatic precipitator (ESP) operated with a wet 
scrubber, you must establish the minimum total secondary electric power 
input, as defined in Sec.  63.7575, as your operating limit during the 
three-run performance test during which you demonstrate compliance with 
your applicable limit. (These operating limits do not apply to ESP that 
are operated as dry controls without a wet scrubber.)
    (v) For a dry scrubber, you must establish the minimum sorbent 
injection rate for each sorbent, as defined in Sec.  63.7575, as your 
operating limit during the three-run performance test during which you 
demonstrate compliance with your applicable limit.
    (vi) For activated carbon injection, you must establish the minimum 
activated carbon injection rate, as defined in Sec.  63.7575, as your 
operating limit during the three-run performance test during which you 
demonstrate compliance with your applicable limit.
    (vii) The operating limit for boilers or process heaters with fabric 
filters that demonstrate continuous compliance through bag leak 
detection systems is that a bag leak detection system be installed 
according to the requirements in Sec.  63.7525, and that each fabric 
filter must be operated such that the bag leak detection system alert is

[[Page 167]]

not activated more than 5 percent of the operating time during a 6-month 
period.
    (viii) For a minimum oxygen level, if you conduct multiple 
performance tests, you must set the minimum oxygen level at the lower of 
the minimum values established during the performance tests.
    (ix) The operating limit for boilers or process heaters that 
demonstrate continuous compliance with the HCl emission limit using a 
SO2 CEMS is to install and operate the SO2 
according to the requirements in Sec.  63.7525(m) establish a maximum 
SO2 emission rate equal to the highest hourly average 
SO2 measurement during the most recent three-run performance 
test for HCl.
    (c) If you elect to demonstrate compliance with an applicable 
emission limit through fuel analysis, you must conduct fuel analyses 
according to Sec.  63.7521 and follow the procedures in paragraphs 
(c)(1) through (5) of this section.
    (1) If you burn more than one fuel type, you must determine the fuel 
mixture you could burn in your boiler or process heater that would 
result in the maximum emission rates of the pollutants that you elect to 
demonstrate compliance through fuel analysis.
    (2) You must determine the 90th percentile confidence level fuel 
pollutant concentration of the composite samples analyzed for each fuel 
type using the one-sided t-statistic test described in Equation 15 of 
this section.
[GRAPHIC] [TIFF OMITTED] TR31JA13.019

Where:

P90 = 90th percentile confidence level pollutant concentration, in 
          pounds per million Btu.
Mean = Arithmetic average of the fuel pollutant concentration in the 
          fuel samples analyzed according to Sec.  63.7521, in units of 
          pounds per million Btu.
SD = Standard deviation of the mean of pollutant concentration in the 
          fuel samples analyzed according to Sec.  63.7521, in units of 
          pounds per million Btu. SD is calculated as the sample 
          standard deviation divided by the square root of the number of 
          samples.
t = t distribution critical value for 90th percentile (t0.1) 
          probability for the appropriate degrees of freedom (number of 
          samples minus one) as obtained from a t-Distribution Critical 
          Value Table.

    (3) To demonstrate compliance with the applicable emission limit for 
HCl, the HCl emission rate that you calculate for your boiler or process 
heater using Equation 16 of this section must not exceed the applicable 
emission limit for HCl.
[GRAPHIC] [TIFF OMITTED] TR31JA13.020

Where:

HCl = HCl emission rate from the boiler or process heater in units of 
          pounds per million Btu.
Ci90 = 90th percentile confidence level concentration of chlorine in 
          fuel type, i, in units of pounds per million Btu as calculated 
          according to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest content of chlorine. If you do 
          not burn multiple fuel types, it is not necessary to determine 
          the value of this term. Insert a value of ``1'' for Qi. For 
          continuous compliance demonstration, the actual fraction of 
          the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest content of 
          chlorine.
1.028 = Molecular weight ratio of HCl to chlorine.


[[Page 168]]


    (4) To demonstrate compliance with the applicable emission limit for 
mercury, the mercury emission rate that you calculate for your boiler or 
process heater using Equation 17 of this section must not exceed the 
applicable emission limit for mercury.
[GRAPHIC] [TIFF OMITTED] TR31JA13.021

Where:

Mercury = Mercury emission rate from the boiler or process heater in 
          units of pounds per million Btu.
Hgi90 = 90th percentile confidence level concentration of mercury in 
          fuel, i, in units of pounds per million Btu as calculated 
          according to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest mercury content. If you do not 
          burn multiple fuel types, it is not necessary to determine the 
          value of this term. Insert a value of ``1'' for Qi. For 
          continuous compliance demonstration, the actual fraction of 
          the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest mercury content.

    (5) To demonstrate compliance with the applicable emission limit for 
TSM for solid or liquid fuels, the TSM emission rate that you calculate 
for your boiler or process heater from solid fuels using Equation 18 of 
this section must not exceed the applicable emission limit for TSM.
[GRAPHIC] [TIFF OMITTED] TR31JA13.022

Where:

Metals = TSM emission rate from the boiler or process heater in units of 
          pounds per million Btu.
TSMi90 = 90th percentile confidence level concentration of TSM in fuel, 
          i, in units of pounds per million Btu as calculated according 
          to Equation 15 of this section.
Qi = Fraction of total heat input from fuel type, i, based on the fuel 
          mixture that has the highest TSM content. If you do not burn 
          multiple fuel types, it is not necessary to determine the 
          value of this term. Insert a value of ``1'' for Qi. For 
          continuous compliance demonstration, the actual fraction of 
          the fuel burned during the month should be used.
n = Number of different fuel types burned in your boiler or process 
          heater for the mixture that has the highest TSM content.

    (d)[Reserved]
    (e) You must include with the Notification of Compliance Status a 
signed certification that either the energy assessment was completed 
according to Table 3 to this subpart, and that the assessment is an 
accurate depiction of your facility at the time of the assessment, or 
that the maximum number of on-site technical hours specified in the 
definition of energy assessment applicable to the facility has been 
expended.
    (f) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.7545(e).
    (g) If you elect to demonstrate that a gaseous fuel meets the 
specifications of another gas 1 fuel as defined in Sec.  63.7575, you 
must conduct an initial fuel specification analyses according to Sec.  
63.7521(f) through (i) and according to the frequency listed in Sec.  
63.7540(c) and maintain records of the results of the testing as 
outlined in Sec.  63.7555(g). For samples where the initial mercury 
specification has not been exceeded, you will include a signed 
certification with the Notification of Compliance

[[Page 169]]

Status that the initial fuel specification test meets the gas 
specification outlined in the definition of other gas 1 fuels.
    (h) If you own or operate a unit subject to emission limits in 
Tables 1 or 2 or 11 through 13 to this subpart, you must meet the work 
practice standard according to Table 3 of this subpart. During startup 
and shutdown, you must only follow the work practice standards according 
to items 5 and 6 of Table 3 of this subpart.
    (i) If you opt to comply with the alternative SO2 CEMS 
operating limit in Tables 4 and 8 to this subpart, you may do so only if 
your affected boiler or process heater:
    (1) Has a system using wet scrubber or dry sorbent injection and 
SO2 CEMS installed on the unit; and
    (2) At all times, you operate the wet scrubber or dry sorbent 
injection for acid gas control on the unit consistent with Sec.  
63.7500(a)(3); and
    (3) You establish a unit-specific maximum SO2 operating 
limit by collecting the maximum hourly SO2 emission rate on 
the SO2 CEMS during the paired 3-run test for HCl. The 
maximum SO2 operating limit is equal to the highest hourly 
average SO2 concentration measured during the HCl performance 
test.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7174, Jan. 31, 2013; 80 
FR 72811, Nov. 20, 2015]



Sec.  63.7533  Can I use efficiency credits earned from implementation 
of energy conservation measures to comply with this subpart?

    (a) If you elect to comply with the alternative equivalent output-
based emission limits, instead of the heat input-based limits listed in 
Table 2 to this subpart, and you want to take credit for implementing 
energy conservation measures identified in an energy assessment, you may 
demonstrate compliance using efficiency credits according to the 
procedures in this section. You may use this compliance approach for an 
existing affected boiler for demonstrating initial compliance according 
to Sec.  63.7522(e) and for demonstrating monthly compliance according 
to Sec.  63.7522(f). Owners or operators using this compliance approach 
must establish an emissions benchmark, calculate and document the 
efficiency credits, develop an Implementation Plan, comply with the 
general reporting requirements, and apply the efficiency credit 
according to the procedures in paragraphs (b) through (f) of this 
section. You cannot use this compliance approach for a new or 
reconstructed affected boiler. Additional guidance from the Department 
of Energy on efficiency credits is available at: http://www.epa.gov/ttn/
atw/boiler/boilerpg.html.
    (b) For each existing affected boiler for which you intend to apply 
emissions credits, establish a benchmark from which emission reduction 
credits may be generated by determining the actual annual fuel heat 
input to the affected boiler before initiation of an energy conservation 
activity to reduce energy demand (i.e., fuel usage) according to 
paragraphs (b)(1) through (4) of this section. The benchmark shall be 
expressed in trillion Btu per year heat input.
    (1) The benchmark from which efficiency credits may be generated 
shall be determined by using the most representative, accurate, and 
reliable process available for the source. The benchmark shall be 
established for a one-year period before the date that an energy demand 
reduction occurs, unless it can be demonstrated that a different time 
period is more representative of historical operations.
    (2) Determine the starting point from which to measure progress. 
Inventory all fuel purchased and generated on-site (off-gases, residues) 
in physical units (MMBtu, million cubic feet, etc.).
    (3) Document all uses of energy from the affected boiler. Use the 
most recent data available.
    (4) Collect non-energy related facility and operational data to 
normalize, if necessary, the benchmark to current operations, such as 
building size, operating hours, etc. If possible, use actual data that 
are current and timely rather than estimated data.
    (c) Efficiency credits can be generated if the energy conservation 
measures were implemented after January 1, 2008 and if sufficient 
information is available to determine the appropriate value of credits.

[[Page 170]]

    (1) The following emission points cannot be used to generate 
efficiency credits:
    (i) Energy conservation measures implemented on or before January 1, 
2008, unless the level of energy demand reduction is increased after 
January 1, 2008, in which case credit will be allowed only for change in 
demand reduction achieved after January 1, 2008.
    (ii) Efficiency credits on shut-down boilers. Boilers that are shut 
down cannot be used to generate credits unless the facility provides 
documentation linking the permanent shutdown to energy conservation 
measures identified in the energy assessment. In this case, the bench 
established for the affected boiler to which the credits from the 
shutdown will be applied must be revised to include the benchmark 
established for the shutdown boiler.
    (2) For all points included in calculating emissions credits, the 
owner or operator shall:
    (i) Calculate annual credits for all energy demand points. Use 
Equation 19 to calculate credits. Energy conservation measures that meet 
the criteria of paragraph (c)(1) of this section shall not be included, 
except as specified in paragraph (c)(1)(i) of this section.
    (3) Credits are generated by the difference between the benchmark 
that is established for each affected boiler, and the actual energy 
demand reductions from energy conservation measures implemented after 
January 1, 2008. Credits shall be calculated using Equation 19 of this 
section as follows:
    (i) The overall equation for calculating credits is:
    [GRAPHIC] [TIFF OMITTED] TR31JA13.023
    
Where:

ECredits = Energy Input Savings for all energy conservation measures 
          implemented for an affected boiler, expressed as a decimal 
          fraction of the baseline energy input.
EISiactual = Energy Input Savings for each energy 
          conservation measure, i, implemented for an affected boiler, 
          million Btu per year.
EIbaseline = Energy Input baseline for the affected boiler, 
          million Btu per year.
n = Number of energy conservation measures included in the efficiency 
          credit for the affected boiler.

    (ii) [Reserved]
    (d) The owner or operator shall develop, and submit for approval 
upon request by the Administrator, an Implementation Plan containing all 
of the information required in this paragraph for all boilers to be 
included in an efficiency credit approach. The Implementation Plan shall 
identify all existing affected boilers to be included in applying the 
efficiency credits. The Implementation Plan shall include a description 
of the energy conservation measures implemented and the energy savings 
generated from each measure and an explanation of the criteria used for 
determining that savings. If requested, you must submit the 
implementation plan for efficiency credits to the Administrator for 
review and approval no later than 180 days before the date on which the 
facility intends to demonstrate compliance using the efficiency credit 
approach.
    (e) The emissions rate as calculated using Equation 20 of this 
section from each existing boiler participating in the efficiency credit 
option must be in compliance with the limits in Table 2 to this subpart 
at all times the affected unit is subject to numeric emission limits, 
following the compliance date specified in Sec.  63.7495.
    (f) You must use Equation 20 of this section to demonstrate initial 
compliance by demonstrating that the emissions from the affected boiler 
participating in the efficiency credit compliance approach do not exceed 
the emission limits in Table 2 to this subpart.

[[Page 171]]

[GRAPHIC] [TIFF OMITTED] TR31JA13.024

Where:

Eadj = Emission level adjusted by applying the efficiency 
          credits earned, lb per million Btu steam output (or lb per 
          MWh) for the affected boiler.
Em = Emissions measured during the performance test, lb per 
          million Btu steam output (or lb per MWh) for the affected 
          boiler.
ECredits = Efficiency credits from Equation 19 for the affected boiler.

    (g) As part of each compliance report submitted as required under 
Sec.  63.7550, you must include documentation that the energy 
conservation measures implemented continue to generate the credit for 
use in demonstrating compliance with the emission limits.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7178, Jan. 31, 2013; 80 
FR 72812, Nov. 20, 2015]

                   Continuous Compliance Requirements



Sec.  63.7535  Is there a minimum amount of monitoring data I must obtain?

    (a) You must monitor and collect data according to this section and 
the site-specific monitoring plan required by Sec.  63.7505(d).
    (b) You must operate the monitoring system and collect data at all 
required intervals at all times that each boiler or process heater is 
operating and compliance is required, except for periods of monitoring 
system malfunctions or out of control periods (see Sec.  63.8(c)(7) of 
this part), and required monitoring system quality assurance or control 
activities, including, as applicable, calibration checks, required zero 
and span adjustments, and scheduled CMS maintenance as defined in your 
site-specific monitoring plan. 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 are required to complete monitoring system repairs in response to 
monitoring system malfunctions or out-of-control periods and to return 
the monitoring system to operation as expeditiously as practicable.
    (c) You may not use data recorded during periods of startup and 
shutdown, monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-control 
periods, or required monitoring system quality assurance or control 
activities in data averages and calculations used to report emissions or 
operating levels. You must record and make available upon request 
results of CMS performance audits and dates and duration of periods when 
the CMS is out of control to completion of the corrective actions 
necessary to return the CMS to operation consistent with your site-
specific monitoring plan. You must use all the data collected during all 
other periods in assessing compliance and the operation of the control 
device and associated control system.
    (d) 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, calibration checks, and required 
zero and span adjustments), failure to collect required data is a 
deviation of the monitoring requirements. In calculating monitoring 
results, do not use any data collected during periods of startup and 
shutdown, when the monitoring system is out of control as specified in 
your site-specific monitoring plan, while conducting repairs associated 
with periods when the monitoring system is out of control, or while 
conducting required monitoring system quality assurance or quality 
control activities. You must calculate monitoring results using all 
other monitoring data collected while the process is operating. You must 
report all periods when the monitoring system is out of control in your 
semi-annual report.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7179, Jan. 31, 2013; 80 
FR 72812, Nov. 20, 2015]

[[Page 172]]



Sec.  63.7540  How do I demonstrate continuous compliance with the emission
limitations, fuel specifications and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit in Tables 1 and 2 or 11 through 13 to this subpart, the work 
practice standards in Table 3 to this subpart, and the operating limits 
in Table 4 to this subpart that applies to you according to the methods 
specified in Table 8 to this subpart and paragraphs (a)(1) through (19) 
of this section.
    (1) Following the date on which the initial compliance demonstration 
is completed or is required to be completed under Sec. Sec.  63.7 and 
63.7510, whichever date comes first, operation above the established 
maximum or below the established minimum operating limits shall 
constitute a deviation of established operating limits listed in Table 4 
of this subpart except during performance tests conducted to determine 
compliance with the emission limits or to establish new operating 
limits. Operating limits must be confirmed or reestablished during 
performance tests.
    (2) As specified in Sec.  63.7555(d), you must keep records of the 
type and amount of all fuels burned in each boiler or process heater 
during the reporting period to demonstrate that all fuel types and 
mixtures of fuels burned would result in either of the following:
    (i) Equal to or lower emissions of HCl, mercury, and TSM than the 
applicable emission limit for each pollutant, if you demonstrate 
compliance through fuel analysis.
    (ii) Equal to or lower fuel input of chlorine, mercury, and TSM than 
the maximum values calculated during the last performance test, if you 
demonstrate compliance through performance testing.
    (3) If you demonstrate compliance with an applicable HCl emission 
limit through fuel analysis for a solid or liquid fuel and you plan to 
burn a new type of solid or liquid fuel, you must recalculate the HCl 
emission rate using Equation 16 of Sec.  63.7530 according to paragraphs 
(a)(3)(i) through (iii) of this section. You are not required to conduct 
fuel analyses for the fuels described in Sec.  63.7510(a)(2)(i) through 
(iii). You may exclude the fuels described in Sec.  63.7510(a)(2)(i) 
through (iii) when recalculating the HCl emission rate.
    (i) You must determine the chlorine concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec.  63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of chlorine.
    (iii) Recalculate the HCl emission rate from your boiler or process 
heater under these new conditions using Equation 16 of Sec.  63.7530. 
The recalculated HCl emission rate must be less than the applicable 
emission limit.
    (4) If you demonstrate compliance with an applicable HCl emission 
limit through performance testing and you plan to burn a new type of 
fuel or a new mixture of fuels, you must recalculate the maximum 
chlorine input using Equation 7 of Sec.  63.7530. If the results of 
recalculating the maximum chlorine input using Equation 7 of Sec.  
63.7530 are greater than the maximum chlorine input level established 
during the previous performance test, then you must conduct a new 
performance test within 60 days of burning the new fuel type or fuel 
mixture according to the procedures in Sec.  63.7520 to demonstrate that 
the HCl emissions do not exceed the emission limit. You must also 
establish new operating limits based on this performance test according 
to the procedures in Sec.  63.7530(b). In recalculating the maximum 
chlorine input and establishing the new operating limits, you are not 
required to conduct fuel analyses for and include the fuels described in 
Sec.  63.7510(a)(2)(i) through (iii).
    (5) If you demonstrate compliance with an applicable mercury 
emission limit through fuel analysis, and you plan to burn a new type of 
fuel, you must recalculate the mercury emission rate using Equation 17 
of Sec.  63.7530 according to the procedures specified in paragraphs 
(a)(5)(i) through (iii) of this section. You are not required to conduct 
fuel analyses for the fuels described in Sec.  63.7510(a)(2)(i) through 
(iii). You may exclude the fuels described in Sec.  63.7510(a)(2)(i) 
through (iii) when recalculating the mercury emission rate.

[[Page 173]]

    (i) You must determine the mercury concentration for any new fuel 
type in units of pounds per million Btu, based on supplier data or your 
own fuel analysis, according to the provisions in your site-specific 
fuel analysis plan developed according to Sec.  63.7521(b).
    (ii) You must determine the new mixture of fuels that will have the 
highest content of mercury.
    (iii) Recalculate the mercury emission rate from your boiler or 
process heater under these new conditions using Equation 17 of Sec.  
63.7530. The recalculated mercury emission rate must be less than the 
applicable emission limit.
    (6) If you demonstrate compliance with an applicable mercury 
emission limit through performance testing, and you plan to burn a new 
type of fuel or a new mixture of fuels, you must recalculate the maximum 
mercury input using Equation 8 of Sec.  63.7530. If the results of 
recalculating the maximum mercury input using Equation 8 of Sec.  
63.7530 are higher than the maximum mercury input level established 
during the previous performance test, then you must conduct a new 
performance test within 60 days of burning the new fuel type or fuel 
mixture according to the procedures in Sec.  63.7520 to demonstrate that 
the mercury emissions do not exceed the emission limit. You must also 
establish new operating limits based on this performance test according 
to the procedures in Sec.  63.7530(b). You are not required to conduct 
fuel analyses for the fuels described in Sec.  63.7510(a)(2)(i) through 
(iii). You may exclude the fuels described in Sec.  63.7510(a)(2)(i) 
through (iii) when recalculating the mercury emission rate.
    (7) If your unit is controlled with a fabric filter, and you 
demonstrate continuous compliance using a bag leak detection system, you 
must initiate corrective action within 1 hour of a bag leak detection 
system alert and complete corrective actions as soon as practical, and 
operate and maintain the fabric filter system such that the periods 
which would cause an alert are no more than 5 percent of the operating 
time during a 6-month period. You must also keep records of the date, 
time, and duration of each alert, the time corrective action was 
initiated and completed, and a brief description of the cause of the 
alert and the corrective action taken. You must also record the percent 
of the operating time during each 6-month period that the conditions 
exist for an alert. In calculating this operating time percentage, if 
inspection of the fabric filter demonstrates that no corrective action 
is required, no alert time is counted. If corrective action is required, 
each alert shall be counted as a minimum of 1 hour. If you take longer 
than 1 hour to initiate corrective action, the alert time shall be 
counted as the actual amount of time taken to initiate corrective 
action.
    (8) To demonstrate compliance with the applicable alternative CO 
CEMS emission limit listed in Tables 1, 2, or 11 through 13 to this 
subpart, you must meet the requirements in paragraphs (a)(8)(i) through 
(iv) of this section.
    (i) Continuously monitor CO according to Sec. Sec.  63.7525(a) and 
63.7535.
    (ii) Maintain a CO emission level below or at your applicable 
alternative CO CEMS-based standard in Tables 1 or 2 or 11 through 13 to 
this subpart at all times the affected unit is subject to numeric 
emission limits.
    (iii) Keep records of CO levels according to Sec.  63.7555(b).
    (iv) You must record and make available upon request results of CO 
CEMS performance audits, dates and duration of periods when the CO CEMS 
is out of control to completion of the corrective actions necessary to 
return the CO CEMS to operation consistent with your site-specific 
monitoring plan.
    (9) The owner or operator of a boiler or process heater using a PM 
CPMS or a PM CEMS to meet requirements of this subpart shall install, 
certify, operate, and maintain the PM CPMS or PM CEMS in accordance with 
your site-specific monitoring plan as required in Sec.  63.7505(d).
    (10) If your boiler or process heater has a heat input capacity of 
10 million Btu per hour or greater, you must conduct an annual tune-up 
of the boiler or process heater to demonstrate continuous compliance as 
specified in paragraphs (a)(10)(i) through (vi) of this section. You 
must conduct the tune-up while burning the type of fuel (or fuels in 
case of units that routinely burn a

[[Page 174]]

mixture) that provided the majority of the heat input to the boiler or 
process heater over the 12 months prior to the tune-up. This frequency 
does not apply to limited-use boilers and process heaters, as defined in 
Sec.  63.7575, or units with continuous oxygen trim systems that 
maintain an optimum air to fuel ratio.
    (i) As applicable, inspect the burner, and clean or replace any 
components of the burner as necessary (you may perform the burner 
inspection any time prior to the tune-up or delay the burner inspection 
until the next scheduled unit shutdown). Units that produce electricity 
for sale may delay the burner inspection until the first outage, not to 
exceed 36 months from the previous inspection. At units where entry into 
a piece of process equipment or into a storage vessel is required to 
complete the tune-up inspections, inspections are required only during 
planned entries into the storage vessel or process equipment;
    (ii) Inspect the flame pattern, as applicable, and adjust the burner 
as necessary to optimize the flame pattern. The adjustment should be 
consistent with the manufacturer's specifications, if available;
    (iii) Inspect the system controlling the air-to-fuel ratio, as 
applicable, and ensure that it is correctly calibrated and functioning 
properly (you may delay the inspection until the next scheduled unit 
shutdown). Units that produce electricity for sale may delay the 
inspection until the first outage, not to exceed 36 months from the 
previous inspection;
    (iv) Optimize total emissions of CO. This optimization should be 
consistent with the manufacturer's specifications, if available, and 
with any NOX requirement to which the unit is subject;
    (v) Measure the concentrations in the effluent stream of CO in parts 
per million, by volume, and oxygen in volume percent, before and after 
the adjustments are made (measurements may be either on a dry or wet 
basis, as long as it is the same basis before and after the adjustments 
are made). Measurements may be taken using a portable CO analyzer; and
    (vi) Maintain on-site and submit, if requested by the Administrator, 
a report containing the information in paragraphs (a)(10)(vi)(A) through 
(C) of this section,
    (A) The concentrations of CO in the effluent stream in parts per 
million by volume, and oxygen in volume percent, measured at high fire 
or typical operating load, before and after the tune-up of the boiler or 
process heater;
    (B) A description of any corrective actions taken as a part of the 
tune-up; and
    (C) The type and amount of fuel used over the 12 months prior to the 
tune-up, but only if the unit was physically and legally capable of 
using more than one type of fuel during that period. Units sharing a 
fuel meter may estimate the fuel used by each unit.
    (11) If your boiler or process heater has a heat input capacity of 
less than 10 million Btu per hour (except as specified in paragraph 
(a)(12) of this section), you must conduct a biennial tune-up of the 
boiler or process heater as specified in paragraphs (a)(10)(i) through 
(vi) of this section to demonstrate continuous compliance.
    (12) If your boiler or process heater has a continuous oxygen trim 
system that maintains an optimum air to fuel ratio, or a heat input 
capacity of less than or equal to 5 million Btu per hour and the unit is 
in the units designed to burn gas 1; units designed to burn gas 2 
(other); or units designed to burn light liquid subcategories, or meets 
the definition of limited-use boiler or process heater in Sec.  63.7575, 
you must conduct a tune-up of the boiler or process heater every 5 years 
as specified in paragraphs (a)(10)(i) through (vi) of this section to 
demonstrate continuous compliance. You may delay the burner inspection 
specified in paragraph (a)(10)(i) of this section until the next 
scheduled or unscheduled unit shutdown, but you must inspect each burner 
at least once every 72 months. If an oxygen trim system is utilized on a 
unit without emission standards to reduce the tune-up frequency to once 
every 5 years, set the oxygen level no lower than the oxygen 
concentration measured during the most recent tune-up.
    (13) If the unit is not operating on the required date for a tune-
up, the tune-up must be conducted within 30 calendar days of startup.

[[Page 175]]

    (14) If you are using a CEMS measuring mercury emissions to meet 
requirements of this subpart you must install, certify, operate, and 
maintain the mercury CEMS as specified in paragraphs (a)(14)(i) and (ii) 
of this section.
    (i) Operate the mercury CEMS in accordance with performance 
specification 12A of 40 CFR part 60, appendix B or operate a sorbent 
trap based integrated monitor in accordance with performance 
specification 12B of 40 CFR part 60, appendix B. The duration of the 
performance test must be 30 operating days if you specified a 30 
operating day basis in Sec.  63.7545(e)(2)(iii) for mercury CEMS or it 
must be 720 hours if you specified a 720 hour basis in Sec.  
63.7545(e)(2)(iii) for mercury CEMS. For each day in which the unit 
operates, you must obtain hourly mercury concentration data, and stack 
gas volumetric flow rate data.
    (ii) If you are using a mercury CEMS, you must install, operate, 
calibrate, and maintain an instrument for continuously measuring and 
recording the mercury mass emissions rate to the atmosphere according to 
the requirements of performance specifications 6 and 12A of 40 CFR part 
60, appendix B, and quality assurance procedure 6 of 40 CFR part 60, 
appendix F.
    (15) If you are using a CEMS to measure HCl emissions to meet 
requirements of this subpart, you must install, certify, operate, and 
maintain the HCl CEMS as specified in paragraphs (a)(15)(i) and (ii) of 
this section. This option for an affected unit takes effect on the date 
a final performance specification for an HCl CEMS is published in the 
Federal Register or the date of approval of a site-specific monitoring 
plan.
    (i) Operate the continuous emissions monitoring system in accordance 
with the applicable performance specification in 40 CFR part 60, 
appendix B. The duration of the performance test must be 30 operating 
days if you specified a 30 operating day basis in Sec.  
63.7545(e)(2)(iii) for HCl CEMS or it must be 720 hours if you specified 
a 720 hour basis in Sec.  63.7545(e)(2)(iii) for HCl CEMS. For each day 
in which the unit operates, you must obtain hourly HCl concentration 
data, and stack gas volumetric flow rate data.
    (ii) If you are using a HCl CEMS, you must install, operate, 
calibrate, and maintain an instrument for continuously measuring and 
recording the HCl mass emissions rate to the atmosphere according to the 
requirements of the applicable performance specification of 40 CFR part 
60, appendix B, and the quality assurance procedures of 40 CFR part 60, 
appendix F.
    (16) If you demonstrate compliance with an applicable TSM emission 
limit through performance testing, and you plan to burn a new type of 
fuel or a new mixture of fuels, you must recalculate the maximum TSM 
input using Equation 9 of Sec.  63.7530. If the results of recalculating 
the maximum TSM input using Equation 9 of Sec.  63.7530 are higher than 
the maximum total selected input level established during the previous 
performance test, then you must conduct a new performance test within 60 
days of burning the new fuel type or fuel mixture according to the 
procedures in Sec.  63.7520 to demonstrate that the TSM emissions do not 
exceed the emission limit. You must also establish new operating limits 
based on this performance test according to the procedures in Sec.  
63.7530(b). You are not required to conduct fuel analyses for the fuels 
described in Sec.  63.7510(a)(2)(i) through (iii). You may exclude the 
fuels described in Sec.  63.7510(a)(2)(i) through (iii) when 
recalculating the TSM emission rate.
    (17) If you demonstrate compliance with an applicable TSM emission 
limit through fuel analysis for solid or liquid fuels, and you plan to 
burn a new type of fuel, you must recalculate the TSM emission rate 
using Equation 18 of Sec.  63.7530 according to the procedures specified 
in paragraphs (a)(5)(i) through (iii) of this section. You are not 
required to conduct fuel analyses for the fuels described in Sec.  
63.7510(a)(2)(i) through (iii). You may exclude the fuels described in 
Sec.  63.7510(a)(2)(i) through (iii) when recalculating the TSM emission 
rate.
    (i) You must determine the TSM concentration for any new fuel type 
in units of pounds per million Btu, based on supplier data or your own 
fuel analysis, according to the provisions in your site-specific fuel 
analysis plan developed according to Sec.  63.7521(b).

[[Page 176]]

    (ii) You must determine the new mixture of fuels that will have the 
highest content of TSM.
    (iii) Recalculate the TSM emission rate from your boiler or process 
heater under these new conditions using Equation 18 of Sec.  63.7530. 
The recalculated TSM emission rate must be less than the applicable 
emission limit.
    (18) If you demonstrate continuous PM emissions compliance with a 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 the test method criteria in Table 5 of this subpart. 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.
    (i) To determine continuous compliance, you must record 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-
day rolling average basis.
    (ii) For any deviation of the 30-day rolling PM CPMS average value 
from the established operating parameter limit, you must:
    (A) Within 48 hours of the deviation, visually inspect the air 
pollution control device (APCD);
    (B) If inspection of the APCD identifies the cause of the deviation, 
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 deviation 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 CPMS operating limit. You are not required 
to conduct additional testing for any deviations that occur between the 
time of the original deviation and the PM emissions compliance test 
required under this paragraph.
    (iii) PM CPMS deviations from the operating limit leading to more 
than four required performance tests in a 12-month operating period 
constitute a separate violation of this subpart.
    (19) If you choose to comply with the PM filterable emissions limit 
by using PM CEMS you must install, certify, operate, and maintain a PM 
CEMS and record the output of the PM CEMS as specified in paragraphs 
(a)(19)(i) through (vii) of this section. The compliance limit will be 
expressed as a 30-day rolling average of the numerical emissions limit 
value applicable for your unit in Tables 1 or 2 or 11 through 13 of this 
subpart.
    (i) Install and certify your PM CEMS according to the procedures and 
requirements in Performance Specification 11--Specifications and Test 
Procedures for Particulate Matter Continuous Emission Monitoring Systems 
at Stationary Sources in Appendix B to part 60 of this chapter, using 
test criteria outlined in Table V of this rule. The reportable 
measurement output from the PM CEMS must be expressed in units of the 
applicable emissions limit (e.g., lb/MMBtu, lb/MWh).
    (ii) Operate and maintain your PM CEMS according to the procedures 
and requirements in Procedure 2-- Quality Assurance Requirements for 
Particulate Matter Continuous Emission Monitoring Systems at Stationary 
Sources in Appendix F to part 60 of this chapter.
    (A) You must conduct the relative response audit (RRA) for your PM 
CEMS at least once annually.
    (B) You must conduct the relative correlation audit (RCA) for your 
PM CEMS at least once every 3 years.
    (iii) Collect PM CEMS hourly average output data for all boiler 
operating hours except as indicated in paragraph (v) of this section.
    (iv) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CEMS output data collected during all nonexempt boiler 
or process heater operating hours.
    (v) You must collect data using the PM CEMS at all times the unit is 
operating and at the intervals specified this

[[Page 177]]

paragraph (a), except for periods of monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, and required 
monitoring system quality assurance or quality control activities.
    (vi) You must use all the data collected during all boiler or 
process heater operating hours in assessing the compliance with your 
operating limit except:
    (A) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities conducted 
during monitoring system malfunctions in calculations and report any 
such periods in your annual deviation report;
    (B) Any data collected during periods when the monitoring system is 
out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or control 
activities conducted during out of control periods in calculations used 
to report emissions or operating levels and report any such periods in 
your annual deviation report;
    (C) Any data recorded during periods of startup or shutdown.
    (vii) You must record and make available upon request results of PM 
CEMS system performance audits, dates and duration of periods when the 
PM CEMS is out of control to completion of the corrective actions 
necessary to return the PM CEMS to operation consistent with your site-
specific monitoring plan.
    (b) You must report each instance in which you did not meet each 
emission limit and operating limit in Tables 1 through 4 or 11 through 
13 to this subpart that apply to you. These instances are deviations 
from the emission limits or operating limits, respectively, in this 
subpart. These deviations must be reported according to the requirements 
in Sec.  63.7550.
    (c) If you elected to demonstrate that the unit meets the 
specification for mercury for the unit designed to burn gas 1 
subcategory, you must follow the sampling frequency specified in 
paragraphs (c)(1) through (4) of this section and conduct this sampling 
according to the procedures in Sec.  63.7521(f) through (i).
    (1) If the initial mercury constituents in the gaseous fuels are 
measured to be equal to or less than half of the mercury specification 
as defined in Sec.  63.7575, you do not need to conduct further 
sampling.
    (2) If the initial mercury constituents are greater than half but 
equal to or less than 75 percent of the mercury specification as defined 
in Sec.  63.7575, you will conduct semi-annual sampling. If 6 
consecutive semi-annual fuel analyses demonstrate 50 percent or less of 
the mercury specification, you do not need to conduct further sampling. 
If any semi-annual sample exceeds 75 percent of the mercury 
specification, you must return to monthly sampling for that fuel, until 
12 months of fuel analyses again are less than 75 percent of the 
compliance level.
    (3) If the initial mercury constituents are greater than 75 percent 
of the mercury specification as defined in Sec.  63.7575, you will 
conduct monthly sampling. If 12 consecutive monthly fuel analyses 
demonstrate 75 percent or less of the mercury specification, you may 
decrease the fuel analysis frequency to semi-annual for that fuel.
    (4) If the initial sample exceeds the mercury specification as 
defined in Sec.  63.7575, each affected boiler or process heater 
combusting this fuel is not part of the unit designed to burn gas 1 
subcategory and must be in compliance with the emission and operating 
limits for the appropriate subcategory. You may elect to conduct 
additional monthly sampling while complying with these emissions and 
operating limits to demonstrate that the fuel qualifies as another gas 1 
fuel. If 12 consecutive monthly fuel analyses samples are at or below 
the mercury specification as defined in Sec.  63.7575, each affected 
boiler or process heater combusting the fuel can elect to switch back 
into the unit designed to burn gas 1 subcategory until the mercury 
specification is exceeded.
    (d) For startup and shutdown, you must meet the work practice 
standards

[[Page 178]]

according to items 5 and 6 of Table 3 of this subpart.

[78 FR 7179, Jan. 31, 2013, as amended at 80 FR 72813, Nov. 20, 2015]



Sec.  63.7541  How do I demonstrate continuous compliance under the
emissions averaging provision?

    (a) Following the compliance date, the owner or operator must 
demonstrate compliance with this subpart on a continuous basis by 
meeting the requirements of paragraphs (a)(1) through (5) of this 
section.
    (1) For each calendar month, demonstrate compliance with the average 
weighted emissions limit for the existing units participating in the 
emissions averaging option as determined in Sec.  63.7522(f) and (g).
    (2) You must maintain the applicable opacity limit according to 
paragraphs (a)(2)(i) and (ii) of this section.
    (i) For each existing unit participating in the emissions averaging 
option that is equipped with a dry control system and not vented to a 
common stack, maintain opacity at or below the applicable limit.
    (ii) For each group of units participating in the emissions 
averaging option where each unit in the group is equipped with a dry 
control system and vented to a common stack that does not receive 
emissions from non-affected units, maintain opacity at or below the 
applicable limit at the common stack.
    (3) For each existing unit participating in the emissions averaging 
option that is equipped with a wet scrubber, maintain the 30-day rolling 
average parameter values at or above the operating limits established 
during the most recent performance test.
    (4) For each existing unit participating in the emissions averaging 
option that has an approved alternative operating parameter, maintain 
the 30-day rolling average parameter values consistent with the approved 
monitoring plan.
    (5) For each existing unit participating in the emissions averaging 
option venting to a common stack configuration containing affected units 
from other subcategories, maintain the appropriate operating limit for 
each unit as specified in Table 4 to this subpart that applies.
    (b) Any instance where the owner or operator fails to comply with 
the continuous monitoring requirements in paragraphs (a)(1) through (5) 
of this section is a deviation.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7182, Jan. 31, 2013]

                   Notification, Reports, and Records



Sec.  63.7545  What notifications must I submit and when?

    (a) You must submit to the Administrator all of the notifications in 
Sec. Sec.  63.7(b) and (c), 63.8(e), (f)(4) and (6), and 63.9(b) through 
(h) that apply to you by the dates specified.
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before January 31, 2013, you must submit an Initial Notification 
not later than 120 days after January 31, 2013, or no later than 120 
days after the source becomes subject to this subpart, whichever is 
later.
    (c) As specified in Sec.  63.9(b)(4) and (5), if you startup your 
new or reconstructed affected source on or after January 31, 2013, you 
must submit an Initial Notification not later than 15 days after the 
actual date of startup of the affected source. For a new or 
reconstructed affected source that has reclassified to major source 
status, you must submit an Initial Notification not later 120 days after 
the source becomes subject to this subpart.
    (d) If you are required to conduct a performance test you must 
submit a Notification of Intent to conduct a performance test at least 
60 days before the performance test is scheduled to begin.
    (e) If you are required to conduct an initial compliance 
demonstration as specified in Sec.  63.7530, you must submit a 
Notification of Compliance Status according to Sec.  63.9(h)(2)(ii). For 
the initial compliance demonstration for each boiler or process heater, 
you must submit the Notification of Compliance Status, including all 
performance test results and fuel analyses, before the close of business 
on the 60th day following the completion of all performance test and/or 
other initial compliance demonstrations for all boiler or

[[Page 179]]

process heaters at the facility according to Sec.  63.10(d)(2). The 
Notification of Compliance Status report must contain all the 
information specified in paragraphs (e)(1) through (8) of this section, 
as applicable. If you are not required to conduct an initial compliance 
demonstration as specified in Sec.  63.7530(a), the Notification of 
Compliance Status must only contain the information specified in 
paragraphs (e)(1) and (8) of this section and must be submitted within 
60 days of the compliance date specified at Sec.  63.7495(b).
    (1) A description of the affected unit(s) including identification 
of which subcategories the unit is in, the design heat input capacity of 
the unit, a description of the add-on controls used on the unit to 
comply with this subpart, description of the fuel(s) burned, including 
whether the fuel(s) were a secondary material determined by you or the 
EPA through a petition process to be a non-waste under Sec.  241.3 of 
this chapter, whether the fuel(s) were a secondary material processed 
from discarded non-hazardous secondary materials within the meaning of 
Sec.  241.3 of this chapter, and justification for the selection of 
fuel(s) burned during the compliance demonstration.
    (2) Summary of the results of all performance tests and fuel 
analyses, and calculations conducted to demonstrate initial compliance 
including all established operating limits, and including:
    (i) Identification of whether you are complying with the PM emission 
limit or the alternative TSM emission limit.
    (ii) Identification of whether you are complying with the output-
based emission limits or the heat input-based (i.e., lb/MMBtu or ppm) 
emission limits,
    (iii) Identification of whether you are complying the arithmetic 
mean of all valid hours of data from the previous 30 operating days or 
of the previous 720 hours. This identification shall be specified 
separately for each operating parameter.
    (3) A summary of the maximum CO emission levels recorded during the 
performance test to show that you have met any applicable emission 
standard in Tables 1, 2, or 11 through 13 to this subpart, if you are 
not using a CO CEMS to demonstrate compliance.
    (4) Identification of whether you plan to demonstrate compliance 
with each applicable emission limit through performance testing, a CEMS, 
or fuel analysis.
    (5) Identification of whether you plan to demonstrate compliance by 
emissions averaging and identification of whether you plan to 
demonstrate compliance by using efficiency credits through energy 
conservation:
    (i) If you plan to demonstrate compliance by emission averaging, 
report the emission level that was being achieved or the control 
technology employed on January 31, 2013.
    (ii) [Reserved]
    (6) A signed certification that you have met all applicable emission 
limits and work practice standards.
    (7) If you had a deviation from any emission limit, work practice 
standard, or operating limit, you must also submit a description of the 
deviation, the duration of the deviation, and the corrective action 
taken in the Notification of Compliance Status report.
    (8) In addition to the information required in Sec.  63.9(h)(2), 
your notification of compliance status must include the following 
certification(s) of compliance, as applicable, and signed by a 
responsible official:
    (i) ``This facility completed the required initial tune-up for all 
of the boilers and process heaters covered by 40 CFR part 63 subpart 
DDDDD at this site according to the procedures in Sec.  
63.7540(a)(10)(i) through (vi).''
    (ii) ``This facility has had an energy assessment performed 
according to Sec.  63.7530(e).''
    (iii) Except for units that burn only natural gas, refinery gas, or 
other gas 1 fuel, or units that qualify for a statutory exemption as 
provided in section 129(g)(1) of the Clean Air Act, include the 
following: ``No secondary materials that are solid waste were combusted 
in any affected unit.''
    (f) If you operate a unit designed to burn natural gas, refinery 
gas, or other gas 1 fuels that is subject to this subpart, and you 
intend to use a fuel other than natural gas, refinery gas, gaseous fuel 
subject to another subpart of this part, part 60, 61, or 65, or other 
gas 1 fuel to fire the affected unit during a period of natural gas 
curtailment or

[[Page 180]]

supply interruption, as defined in Sec.  63.7575, you must submit a 
notification of alternative fuel use within 48 hours of the declaration 
of each period of natural gas curtailment or supply interruption, as 
defined in Sec.  63.7575. The notification must include the information 
specified in paragraphs (f)(1) through (5) of this section.
    (1) Company name and address.
    (2) Identification of the affected unit.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.
    (g) If you intend to commence or recommence combustion of solid 
waste, you must provide 30 days prior notice of the date upon which you 
will commence or recommence combustion of solid waste. The notification 
must identify:
    (1) The name of the owner or operator of the affected source, as 
defined in Sec.  63.7490, the location of the source, the boiler(s) or 
process heater(s) that will commence burning solid waste, and the date 
of the notice.
    (2) The currently applicable subcategories under this subpart.
    (3) The date on which you became subject to the currently applicable 
emission limits.
    (4) The date upon which you will commence combusting solid waste.
    (h) If you have switched fuels or made a physical change to the 
boiler or process heater and the fuel switch or physical change resulted 
in the applicability of a different subcategory, you must provide notice 
of the date upon which you switched fuels or made the physical change 
within 30 days of the switch/change. The notification must identify:
    (1) The name of the owner or operator of the affected source, as 
defined in Sec.  63.7490, the location of the source, the boiler(s) and 
process heater(s) that have switched fuels, were physically changed, and 
the date of the notice.
    (2) The currently applicable subcategory under this subpart.
    (3) The date upon which the fuel switch or physical change occurred.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7183, Jan. 31, 2013; 80 
FR 72814, Nov. 20, 2015; 85 FR 73913, Nov. 19, 2020; 85 FR 84262, Dec. 
28, 2020]



Sec.  63.7550  What reports must I submit and when?

    (a) You must submit each report in Table 9 to this subpart that 
applies to you.
    (b) Unless the EPA Administrator has approved a different schedule 
for submission of reports under Sec.  63.10(a), you must submit each 
report, according to paragraph (h) of this section, by the date in Table 
9 to this subpart and according to the requirements in paragraphs (b)(1) 
through (4) of this section. For units that are subject only to a 
requirement to conduct subsequent annual, biennial, or 5-year tune-up 
according to Sec.  63.7540(a)(10), (11), or (12), respectively, and not 
subject to emission limits or Table 4 operating limits, you may submit 
only an annual, biennial, or 5-year compliance report, as applicable, as 
specified in paragraphs (b)(1) through (4) of this section, instead of a 
semi-annual compliance report.
    (1) The first semi-annual compliance report must cover the period 
beginning on the compliance date that is specified for each boiler or 
process heater in Sec.  63.7495 and ending on June 30 or December 31, 
whichever date is the first date that occurs at least 180 days after the 
compliance date that is specified for your source in Sec.  63.7495. If 
submitting an annual, biennial, or 5-year compliance report, the first 
compliance report must cover the period beginning on the compliance date 
that is specified for each boiler or process heater in Sec.  63.7495 and 
ending on December 31 within 1, 2, or 5 years, as applicable, after the 
compliance date that is specified for your source in Sec.  63.7495.
    (2) The first semi-annual compliance report must be postmarked or 
submitted no later than July 31 or January 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for each boiler or process heater in 
Sec.  63.7495. The first annual, biennial, or 5-year compliance report

[[Page 181]]

must be postmarked or submitted no later than January 31.
    (3) Each subsequent semi-annual compliance report must cover the 
semiannual reporting period from January 1 through June 30 or the 
semiannual reporting period from July 1 through December 31. Annual, 
biennial, and 5-year compliance reports must cover the applicable 1-, 2-
, or 5-year periods from January 1 to December 31.
    (4) Each subsequent semi-annual compliance report must be postmarked 
or submitted no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period. Annual, 
biennial, and 5-year compliance reports must be postmarked or submitted 
no later than January 31.
    (5) For each affected source that is subject to permitting 
regulations pursuant to part 70 or part 71 of this chapter, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), you may 
submit the first and subsequent compliance reports according to the 
dates the permitting authority has established in the permit instead of 
according to the dates in paragraphs (b)(1) through (4) of this section.
    (c) A compliance report must contain the following information 
depending on how the facility chooses to comply with the limits set in 
this rule.
    (1) If the facility is subject to the requirements of a tune up you 
must submit a compliance report with the information in paragraphs 
(c)(5)(i) through (iii) of this section, (xiv) and (xvii) of this 
section, and paragraph (c)(5)(iv) of this section for limited-use boiler 
or process heater.
    (2) If you are complying with the fuel analysis you must submit a 
compliance report with the information in paragraphs (c)(5)(i) through 
(iii), (vi), (x), (xi), (xiii), (xv), (xvii), (xviii) and paragraph (d) 
of this section.
    (3) If you are complying with the applicable emissions limit with 
performance testing you must submit a compliance report with the 
information in (c)(5)(i) through (iii), (vi), (vii), (viii), (ix), (xi), 
(xiii), (xv), (xvii), (xviii) and paragraph (d) of this section.
    (4) If you are complying with an emissions limit using a CMS the 
compliance report must contain the information required in paragraphs 
(c)(5)(i) through (iii), (v), (vi), (xi) through (xiii), (xv) through 
(xviii), and paragraph (e) of this section.
    (5)(i) Company and Facility name and address.
    (ii) Process unit information, emissions limitations, and operating 
parameter limitations.
    (iii) Date of report and beginning and ending dates of the reporting 
period.
    (iv) The total operating time during the reporting period.
    (v) If you use a CMS, including CEMS, COMS, or CPMS, you must 
include the monitoring equipment manufacturer(s) and model numbers and 
the date of the last CMS certification or audit.
    (vi) The total fuel use by each individual boiler or process heater 
subject to an emission limit within the reporting period, including, but 
not limited to, a description of the fuel, whether the fuel has received 
a non-waste determination by the EPA or your basis for concluding that 
the fuel is not a waste, and the total fuel usage amount with units of 
measure.
    (vii) If you are conducting performance tests once every 3 years 
consistent with Sec.  63.7515(b) or (c), the date of the last 2 
performance tests and a statement as to whether there have been any 
operational changes since the last performance test that could increase 
emissions.
    (viii) A statement indicating that you burned no new types of fuel 
in an individual boiler or process heater subject to an emission limit. 
Or, if you did burn a new type of fuel and are subject to a HCl emission 
limit, you must submit the calculation of chlorine input, using Equation 
7 of Sec.  63.7530, that demonstrates that your source is still within 
its maximum chlorine input level established during the previous 
performance testing (for sources that demonstrate compliance through 
performance testing) or you must submit the calculation of HCl emission 
rate using Equation 16 of Sec.  63.7530 that demonstrates that your 
source is still meeting the emission limit for HCl

[[Page 182]]

emissions (for boilers or process heaters that demonstrate compliance 
through fuel analysis). If you burned a new type of fuel and are subject 
to a mercury emission limit, you must submit the calculation of mercury 
input, using Equation 8 of Sec.  63.7530, that demonstrates that your 
source is still within its maximum mercury input level established 
during the previous performance testing (for sources that demonstrate 
compliance through performance testing), or you must submit the 
calculation of mercury emission rate using Equation 17 of Sec.  63.7530 
that demonstrates that your source is still meeting the emission limit 
for mercury emissions (for boilers or process heaters that demonstrate 
compliance through fuel analysis). If you burned a new type of fuel and 
are subject to a TSM emission limit, you must submit the calculation of 
TSM input, using Equation 9 of Sec.  63.7530, that demonstrates that 
your source is still within its maximum TSM input level established 
during the previous performance testing (for sources that demonstrate 
compliance through performance testing), or you must submit the 
calculation of TSM emission rate, using Equation 18 of Sec.  63.7530, 
that demonstrates that your source is still meeting the emission limit 
for TSM emissions (for boilers or process heaters that demonstrate 
compliance through fuel analysis).
    (ix) If you wish to burn a new type of fuel in an individual boiler 
or process heater subject to an emission limit and you cannot 
demonstrate compliance with the maximum chlorine input operating limit 
using Equation 7 of Sec.  63.7530 or the maximum mercury input operating 
limit using Equation 8 of Sec.  63.7530, or the maximum TSM input 
operating limit using Equation 9 of Sec.  63.7530 you must include in 
the compliance report a statement indicating the intent to conduct a new 
performance test within 60 days of starting to burn the new fuel.
    (x) A summary of any monthly fuel analyses conducted to demonstrate 
compliance according to Sec. Sec.  63.7521 and 63.7530 for individual 
boilers or process heaters subject to emission limits, and any fuel 
specification analyses conducted according to Sec. Sec.  63.7521(f) and 
63.7530(g).
    (xi) If there are no deviations from any emission limits or 
operating limits in this subpart that apply to you, a statement that 
there were no deviations from the emission limits or operating limits 
during the reporting period.
    (xii) If there were no deviations from the monitoring requirements 
including no periods during which the CMSs, including CEMS, COMS, and 
CPMS, were out of control as specified in Sec.  63.8(c)(7), a statement 
that there were no deviations and no periods during which the CMS were 
out of control during the reporting period.
    (xiii) If a malfunction occurred during the reporting period, the 
report must include the number, duration, and a brief description for 
each type of malfunction which occurred during the reporting period and 
which caused or may have caused any applicable emission limitation to be 
exceeded. The report must also include a description of actions taken by 
you during a malfunction of a boiler, process heater, or associated air 
pollution control device or CMS to minimize emissions in accordance with 
Sec.  63.7500(a)(3), including actions taken to correct the malfunction.
    (xiv) Include the date of the most recent tune-up for each unit 
subject to only the requirement to conduct an annual, biennial, or 5-
year tune-up according to Sec.  63.7540(a)(10), (11), or (12) 
respectively. Include the date of the most recent burner inspection if 
it was not done annually, biennially, or on a 5-year period and was 
delayed until the next scheduled or unscheduled unit shutdown.
    (xv) If you plan to demonstrate compliance by emission averaging, 
certify the emission level achieved or the control technology employed 
is no less stringent than the level or control technology contained in 
the notification of compliance status in Sec.  63.7545(e)(5)(i).
    (xvi) For each reporting period, the compliance reports must include 
all of the calculated 30 day rolling average values for CEMS (CO, HCl, 
SO2, and mercury), 10 day rolling average values for CO CEMS 
when the limit is expressed as a 10 day instead of 30 day

[[Page 183]]

rolling average, and the PM CPMS data.
    (xvii) Statement by a responsible official with that official's 
name, title, and signature, certifying the truth, accuracy, and 
completeness of the content of the report.
    (xviii) For each instance of startup or shutdown include the 
information required to be monitored, collected, or recorded according 
to the requirements of Sec.  63.7555(d).
    (d) For each deviation from an emission limit or operating limit in 
this subpart that occurs at an individual boiler or process heater where 
you are not using a CMS to comply with that emission limit or operating 
limit, or from the work practice standards for periods if startup and 
shutdown, the compliance report must additionally contain the 
information required in paragraphs (d)(1) through (3) of this section.
    (1) A description of the deviation and which emission limit, 
operating limit, or work practice standard from which you deviated.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause), as applicable, and the corrective action 
taken.
    (3) If the deviation occurred during an annual performance test, 
provide the date the annual performance test was completed.
    (e) For each deviation from an emission limit, operating limit, and 
monitoring requirement in this subpart occurring at an individual boiler 
or process heater where you are using a CMS to comply with that emission 
limit or operating limit, the compliance report must additionally 
contain the information required in paragraphs (e)(1) through (9) of 
this section. This includes any deviations from your site-specific 
monitoring plan as required in Sec.  63.7505(d).
    (1) The date and time that each deviation started and stopped and 
description of the nature of the deviation (i.e., what you deviated 
from).
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out of control, 
including the information in Sec.  63.8(c)(8).
    (4) The date and time that each deviation started and stopped.
    (5) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) A characterization of the total duration of the deviations 
during the reporting period into those that are due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
    (7) A summary of the total duration of CMS's downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (8) A brief description of the source for which there was a 
deviation.
    (9) A description of any changes in CMSs, processes, or controls 
since the last reporting period for the source for which there was a 
deviation.
    (f)-(g) [Reserved]
    (h) You must submit the reports according to the procedures 
specified in paragraphs (h)(1) through (3) of this section.
    (1) Within 60 days after the date of completing each performance 
test (as defined in Sec.  63.2) required by this subpart, you must 
submit the results of the performance tests, including any fuel 
analyses, following the procedure specified in either paragraph 
(h)(1)(i) or (ii) of this section.
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(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) (https://cdx.epa.gov/).) 
Performance test data must be submitted in a file format generated 
through use of the EPA's ERT or an electronic file format consistent 
with the extensible markup language (XML) schema listed on the EPA's ERT 
Web site. If you claim that some of the performance test information 
being submitted is confidential business information (CBI), you must 
submit a

[[Page 184]]

complete file generated through the use of the EPA's ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
Web site, including information claimed to be CBI, on a compact disc, 
flash drive, or other commonly used electronic storage media to the EPA. 
The electronic media must be clearly marked as CBI and mailed to U.S. 
EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described earlier in this paragraph.
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation (as defined in 63.2), you must submit the results 
of the performance evaluation following the procedure specified in 
either paragraph (h)(2)(i) or (ii) of this section.
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the evaluation, you must submit the results of the performance 
evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the 
EPA's CDX.) Performance evaluation data must be submitted in a file 
format generated through the use of the EPA's ERT or an alternate file 
format consistent with the XML schema listed on the EPA's ERT Web site. 
If you claim that some of the performance evaluation information being 
transmitted is CBI, you must submit a complete file generated through 
the use of the EPA's ERT or an alternate electronic file consistent with 
the XML schema listed on the EPA's ERT Web site, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage media to the EPA. The electronic media must be 
clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI 
omitted must be submitted to the EPA via the EPA's CDX as described 
earlier in this paragraph.
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the ERT Web site at the time of the evaluation, you 
must submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  63.13.
    (3) You must submit all reports required by Table 9 of this subpart 
electronically to the EPA via the CEDRI. (CEDRI can be accessed through 
the EPA's CDX.) 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 XML schema listed on the CEDRI Web site (http://www.epa.gov/
ttn/chief/cedri/index.html), 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 to 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.

[78 FR 7183, Jan. 31, 2013, as amended at 80 FR 72814, Nov. 20, 2015]



Sec.  63.7555  What records must I keep?

    (a) You must keep records according to paragraphs (a)(1) and (2) of 
this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status or semiannual 
compliance report that you submitted, according to the requirements in 
Sec.  63.10(b)(2)(xiv).
    (2) Records of performance tests, fuel analyses, or other compliance 
demonstrations and performance evaluations as required in Sec.  
63.10(b)(2)(viii).

[[Page 185]]

    (3) For units in the limited use subcategory, you must keep a copy 
of the federally enforceable permit that limits the annual capacity 
factor to less than or equal to 10 percent and fuel use records for the 
days the boiler or process heater was operating.
    (b) For each CEMS, COMS, and continuous monitoring system you must 
keep records according to paragraphs (b)(1) through (5) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vii) through (xi).
    (2) Monitoring data for continuous opacity monitoring system during 
a performance evaluation as required in Sec.  63.6(h)(7)(i) and (ii).
    (3) Previous (i.e., superseded) versions of the performance 
evaluation plan as required in Sec.  63.8(d)(3).
    (4) Request for alternatives to relative accuracy test for CEMS as 
required in Sec.  63.8(f)(6)(i).
    (5) Records of the date and time that each deviation started and 
stopped.
    (c) You must keep the records required in Table 8 to this subpart 
including records of all monitoring data and calculated averages for 
applicable operating limits, such as opacity, pressure drop, pH, and 
operating load, to show continuous compliance with each emission limit 
and operating limit that applies to you.
    (d) For each boiler or process heater subject to an emission limit 
in Tables 1, 2, or 11 through 13 to this subpart, you must also keep the 
applicable records in paragraphs (d)(1) through (11) of this section.
    (1) You must keep records of monthly fuel use by each boiler or 
process heater, including the type(s) of fuel and amount(s) used.
    (2) If you combust non-hazardous secondary materials that have been 
determined not to be solid waste pursuant to Sec.  241.3(b)(1) and (2) 
of this chapter, you must keep a record that documents how the secondary 
material meets each of the legitimacy criteria under Sec.  241.3(d)(1) 
of this chapter. If you combust a fuel that has been processed from a 
discarded non-hazardous secondary material pursuant to Sec.  241.3(b)(4) 
of this chapter, you must keep records as to how the operations that 
produced the fuel satisfy the definition of processing in Sec.  241.2 of 
this chapter. If the fuel received a non-waste determination pursuant to 
the petition process submitted under Sec.  241.3(c) of this chapter, you 
must keep a record that documents how the fuel satisfies the 
requirements of the petition process. For operating units that combust 
non-hazardous secondary materials as fuel per Sec.  241.4 of this 
chapter, you must keep records documenting that the material is listed 
as a non-waste under Sec.  241.4(a) of this chapter. Units exempt from 
the incinerator standards under section 129(g)(1) of the Clean Air Act 
because they are qualifying facilities burning a homogeneous waste 
stream do not need to maintain the records described in this paragraph 
(d)(2).
    (3) A copy of all calculations and supporting documentation of 
maximum chlorine fuel input, using Equation 7 of Sec.  63.7530, that 
were done to demonstrate continuous compliance with the HCl emission 
limit, for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of HCl emission 
rates, using Equation 16 of Sec.  63.7530, that were done to demonstrate 
compliance with the HCl emission limit. Supporting documentation should 
include results of any fuel analyses and basis for the estimates of 
maximum chlorine fuel input or HCl emission rates. You can use the 
results from one fuel analysis for multiple boilers and process heaters 
provided they are all burning the same fuel type. However, you must 
calculate chlorine fuel input, or HCl emission rate, for each boiler and 
process heater.
    (4) A copy of all calculations and supporting documentation of 
maximum mercury fuel input, using Equation 8 of Sec.  63.7530, that were 
done to demonstrate continuous compliance with the mercury emission 
limit for sources that demonstrate compliance through performance 
testing. For sources that demonstrate compliance through fuel analysis, 
a copy of all calculations and supporting documentation of mercury 
emission rates, using Equation 17 of Sec.  63.7530, that were done to 
demonstrate compliance with the mercury emission limit. Supporting 
documentation

[[Page 186]]

should include results of any fuel analyses and basis for the estimates 
of maximum mercury fuel input or mercury emission rates. You can use the 
results from one fuel analysis for multiple boilers and process heaters 
provided they are all burning the same fuel type. However, you must 
calculate mercury fuel input, or mercury emission rates, for each boiler 
and process heater.
    (5) If, consistent with Sec.  63.7515(b), you choose to stack test 
less frequently than annually, you must keep a record that documents 
that your emissions in the previous stack test(s) were less than 75 
percent of the applicable emission limit (or, in specific instances 
noted in Tables 1 and 2 or 11 through 13 to this subpart, less than the 
applicable emission limit), and document that there was no change in 
source operations including fuel composition and operation of air 
pollution control equipment that would cause emissions of the relevant 
pollutant to increase within the past year.
    (6) Records of the occurrence and duration of each malfunction of 
the boiler or process heater, or of the associated air pollution control 
and monitoring equipment.
    (7) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with the general duty to minimize 
emissions in Sec.  63.7500(a)(3), including corrective actions to 
restore the malfunctioning boiler or process heater, air pollution 
control, or monitoring equipment to its normal or usual manner of 
operation.
    (8) A copy of all calculations and supporting documentation of 
maximum TSM fuel input, using Equation 9 of Sec.  63.7530, that were 
done to demonstrate continuous compliance with the TSM emission limit 
for sources that demonstrate compliance through performance testing. For 
sources that demonstrate compliance through fuel analysis, a copy of all 
calculations and supporting documentation of TSM emission rates, using 
Equation 18 of Sec.  63.7530, that were done to demonstrate compliance 
with the TSM emission limit. Supporting documentation should include 
results of any fuel analyses and basis for the estimates of maximum TSM 
fuel input or TSM emission rates. You can use the results from one fuel 
analysis for multiple boilers and process heaters provided they are all 
burning the same fuel type. However, you must calculate TSM fuel input, 
or TSM emission rates, for each boiler and process heater.
    (9) You must maintain records of the calendar date, time, occurrence 
and duration of each startup and shutdown.
    (10) You must maintain records of the type(s) and amount(s) of fuels 
used during each startup and shutdown.
    (11) For each startup period, for units selecting paragraph (2) of 
the definition of ``startup'' in Sec.  63.7575 you must maintain records 
of the time that clean fuel combustion begins; the time when you start 
feeding fuels that are not clean fuels; the time when useful thermal 
energy is first supplied; and the time when the PM controls are engaged.
    (12) If you choose to rely on paragraph (2) of the definition of 
``startup'' in Sec.  63.7575, for each startup period, you must maintain 
records of the hourly steam temperature, hourly steam pressure, hourly 
steam flow, hourly flue gas temperature, and all hourly average CMS data 
(e.g., CEMS, PM CPMS, COMS, ESP total secondary electric power input, 
scrubber pressure drop, scrubber liquid flow rate) collected during each 
startup period to confirm that the control devices are engaged. In 
addition, if compliance with the PM emission limit is demonstrated using 
a PM control device, you must maintain records as specified in 
paragraphs (d)(12)(i) through (iii) of this section.
    (i) For a boiler or process heater with an electrostatic 
precipitator, record the number of fields in service, as well as each 
field's secondary voltage and secondary current during each hour of 
startup.
    (ii) For a boiler or process heater with a fabric filter, record the 
number of compartments in service, as well as the differential pressure 
across the baghouse during each hour of startup.
    (iii) For a boiler or process heater with a wet scrubber needed for 
filterable PM control, record the scrubber's liquid flow rate and the 
pressure drop during each hour of startup.

[[Page 187]]

    (13) If you choose to use paragraph (2) of the definition of 
``startup'' in Sec.  63.7575 and you find that you are unable to safely 
engage and operate your PM control(s) within 1 hour of first firing of 
non-clean fuels, you may choose to rely on paragraph (1) of definition 
of ``startup'' in Sec.  63.7575 or you may submit to the delegated 
permitting authority a request for a variance with the PM controls 
requirement, as described below.
    (i) The request shall provide evidence of a documented manufacturer-
identified safety issue.
    (ii) The request shall provide information to document that the PM 
control device is adequately designed and sized to meet the applicable 
PM emission limit.
    (iii) In addition, the request shall contain documentation that:
    (A) The unit is using clean fuels to the maximum extent possible to 
bring the unit and PM control device up to the temperature necessary to 
alleviate or prevent the identified safety issues prior to the 
combustion of primary fuel;
    (B) The unit has explicitly followed the manufacturer's procedures 
to alleviate or prevent the identified safety issue; and
    (C) Identifies with specificity the details of the manufacturer's 
statement of concern.
    (iv) You must comply with all other work practice requirements, 
including but not limited to data collection, recordkeeping, and 
reporting requirements.
    (e) If you elect to average emissions consistent with Sec.  63.7522, 
you must additionally keep a copy of the emission averaging 
implementation plan required in Sec.  63.7522(g), all calculations 
required under Sec.  63.7522, including monthly records of heat input or 
steam generation, as applicable, and monitoring records consistent with 
Sec.  63.7541.
    (f) If you elect to use efficiency credits from energy conservation 
measures to demonstrate compliance according to Sec.  63.7533, you must 
keep a copy of the Implementation Plan required in Sec.  63.7533(d) and 
copies of all data and calculations used to establish credits according 
to Sec.  63.7533(b), (c), and (f).
    (g) If you elected to demonstrate that the unit meets the 
specification for mercury for the unit designed to burn gas 1 
subcategory, you must maintain monthly records (or at the frequency 
required by Sec.  63.7540(c)) of the calculations and results of the 
fuel specification for mercury in Table 6.
    (h) If you operate a unit in the unit designed to burn gas 1 
subcategory that is subject to this subpart, and you use an alternative 
fuel other than natural gas, refinery gas, gaseous fuel subject to 
another subpart under this part, other gas 1 fuel, or gaseous fuel 
subject to another subpart of this part or part 60, 61, or 65, you must 
keep records of the total hours per calendar year that alternative fuel 
is burned and the total hours per calendar year that the unit operated 
during periods of gas curtailment or gas supply emergencies.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7185, Jan. 31, 2013; 80 
FR 72816, Nov. 20, 2015]



Sec.  63.7560  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site, or they must be accessible 
from on site (for example, through a computer network), for at least 2 
years after the date of each occurrence, measurement, maintenance, 
corrective action, report, or record, according to Sec.  63.10(b)(1). 
You can keep the records off site for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.7565  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.

[[Page 188]]



Sec.  63.7570  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the EPA, or an 
Administrator such as your state, local, or tribal agency. If the EPA 
Administrator has delegated authority to your state, local, or tribal 
agency, then that agency (as well as the EPA) has the authority to 
implement and enforce this subpart. You should contact your EPA Regional 
Office to find out if this subpart is delegated to your state, local, or 
tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities listed in paragraphs (b)(1) through (4) of 
this section are retained by the EPA Administrator and are not 
transferred to the state, local, or tribal agency, however, the EPA 
retains oversight of this subpart and can take enforcement actions, as 
appropriate.
    (1) Approval of alternatives to the emission limits and work 
practice standards in Sec.  63.7500(a) and (b) under Sec.  63.6(g), 
except as specified in Sec.  63.7555(d)(13).
    (2) Approval of major change to test methods in Table 5 to this 
subpart under Sec.  63.7(e)(2)(ii) and (f) and as defined in Sec.  
63.90, and alternative analytical methods requested under Sec.  
63.7521(b)(2).
    (3) Approval of major change to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90, and approval of alternative operating 
parameters under Sec. Sec.  63.7500(a)(2) and 63.7522(g)(2).
    (4) Approval of major change to recordkeeping and reporting under 
Sec.  63.10(e) and as defined in Sec.  63.90.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7186, Jan. 31, 2013; 80 
FR 72817, Nov. 20, 2015]



Sec.  63.7575  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2 (the General Provisions), and in this section as follows:
    10-day rolling average means the arithmetic mean of the previous 240 
hours of valid operating data. Valid data excludes hours during startup 
and shutdown, data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
while conducting repairs associated with periods when the monitoring 
system is out of control, or while conducting required monitoring system 
quality assurance or quality control activities, and periods when this 
unit is not operating. The 240 hours should be consecutive, but not 
necessarily continuous if operations were intermittent.
    30-day rolling average means the arithmetic mean of the previous 720 
hours of valid CO CEMS data. The 720 hours should be consecutive, but 
not necessarily continuous if operations were intermittent. For 
parameters other than CO, 30-day rolling average means either the 
arithmetic mean of all valid hours of data from 30 successive operating 
days or the arithmetic mean of the previous 720 hours of valid operating 
data. Valid data excludes hours during startup and shutdown, data 
collected during periods when the monitoring system is out of control as 
specified in your site-specific monitoring plan, while conducting 
repairs associated with periods when the monitoring system is out of 
control, or while conducting required monitoring system quality 
assurance or quality control activities, and periods when this unit is 
not operating.
    Annual capacity factor means the ratio between the actual heat input 
to a boiler or process heater from the fuels burned during a calendar 
year and the potential heat input to the boiler or process heater had it 
been operated for 8,760 hours during a year at the maximum steady state 
design heat input capacity.
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Average annual heat input rate means total heat input divided by the 
hours of operation for the 12 months preceding the compliance 
demonstration.
    Bag leak detection system means a group of instruments that are 
capable of monitoring particulate matter loadings in the exhaust of a 
fabric filter (i.e., baghouse) in order to detect bag failures. A bag 
leak detection system

[[Page 189]]

includes, but is not limited to, an instrument that operates on 
electrodynamic, triboelectric, light scattering, light transmittance, or 
other principle to monitor relative particulate matter loadings.
    Benchmark means the fuel heat input for a boiler or process heater 
for the one-year period before the date that an energy demand reduction 
occurs, unless it can be demonstrated that a different time period is 
more representative of historical operations.
    Biodiesel means a mono-alkyl ester derived from biomass and 
conforming to ASTM D6751-11b, Standard Specification for Biodiesel Fuel 
Blend Stock (B100) for Middle Distillate Fuels (incorporated by 
reference, see Sec.  63.14).
    Biomass or bio-based solid fuel means any biomass-based solid fuel 
that is not a solid waste. This includes, but is not limited to, wood 
residue; wood products (e.g., trees, tree stumps, tree limbs, bark, 
lumber, sawdust, sander dust, chips, scraps, slabs, millings, and 
shavings); animal manure, including litter and other bedding materials; 
vegetative agricultural and silvicultural materials, such as logging 
residues (slash), nut and grain hulls and chaff (e.g., almond, walnut, 
peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee 
bean hulls and grounds. This definition of biomass is not intended to 
suggest that these materials are or are not solid waste.
    Blast furnace gas fuel-fired boiler or process heater means an 
industrial/commercial/institutional boiler or process heater that 
receives 90 percent or more of its total annual gas volume from blast 
furnace gas.
    Boiler means an enclosed device using controlled flame combustion 
and having the primary purpose of recovering thermal energy in the form 
of steam or hot water. Controlled flame combustion refers to a steady-
state, or near steady-state, process wherein fuel and/or oxidizer feed 
rates are controlled. A device combusting solid waste, as defined in 
Sec.  241.3 of this chapter, is not a boiler unless the device is exempt 
from the definition of a solid waste incineration unit as provided in 
section 129(g)(1) of the Clean Air Act. Waste heat boilers are excluded 
from this definition.
    Boiler system means the boiler and associated components, such as, 
the feed water system, the combustion air system, the fuel system 
(including burners), blowdown system, combustion control systems, steam 
systems, and condensate return systems.
    Calendar year means the period between January 1 and December 31, 
inclusive, for a given year.
    Clean dry biomass means any biomass-based solid fuel that have not 
been painted, pigment-stained, or pressure treated, does not contain 
contaminants at concentrations not normally associated with virgin 
biomass materials and has a moisture content of less than 20 percent and 
is not a solid waste.
    Coal means all solid fuels classifiable as anthracite, bituminous, 
sub-bituminous, or lignite by ASTM D388 (incorporated by reference, see 
Sec.  63.14), coal refuse, and petroleum coke. For the purposes of this 
subpart, this definition of ``coal'' includes synthetic fuels derived 
from coal, including but not limited to, solvent-refined coal, coal-oil 
mixtures, and coal-water mixtures. Coal derived gases are excluded from 
this definition.
    Coal refuse means any by-product of coal mining or coal cleaning 
operations with an ash content greater than 50 percent (by weight) and a 
heating value less than 13,900 kilojoules per kilogram (6,000 Btu per 
pound) on a dry basis.
    Commercial/institutional boiler means a boiler used in commercial 
establishments or institutional establishments such as medical centers, 
nursing homes, research centers, institutions of higher education, 
elementary and secondary schools, libraries, religious establishments, 
governmental buildings, hotels, restaurants, and laundries to provide 
electricity, steam, and/or hot water.
    Common stack means the exhaust of emissions from two or more 
affected units through a single flue. Affected units with a common stack 
may each have separate air pollution control systems located before the 
common stack, or may have a single air pollution control system located 
after the exhausts come together in a single flue.

[[Page 190]]

    Cost-effective energy conservation measure means a measure that is 
implemented to improve the energy efficiency of the boiler or facility 
that has a payback (return of investment) period of 2 years or less.
    Daily block average means the arithmetic mean of all valid emission 
concentrations or parameter levels recorded when a unit is operating 
measured over the 24-hour period from 12 a.m. (midnight) to 12 a.m. 
(midnight), except for periods of startup and shutdown or downtime.
    Deviation. (1) Deviation means any instance in which an affected 
source subject to this subpart, or an owner or operator of such a 
source:
    (i) Fails to meet any applicable requirement or obligation 
established by this subpart including, but not limited to, any emission 
limit, operating limit, or work practice standard; or
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is included 
in the operating permit for any affected source required to obtain such 
a permit.
    (2) A deviation is not always a violation.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Distillate oil means fuel oils that contain 0.05 weight percent 
nitrogen or less and comply with the specifications for fuel oil numbers 
1 and 2, as defined by the American Society of Testing and Materials in 
ASTM D396 (incorporated by reference, see Sec.  63.14) or diesel fuel 
oil numbers 1 and 2, as defined by the American Society for Testing and 
Materials in ASTM D975 (incorporated by reference, see Sec.  63.14), 
kerosene, and biodiesel as defined by the American Society of Testing 
and Materials in ASTM D6751-11b (incorporated by reference, see Sec.  
60.14).
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
used as control devices in fluidized bed boilers and process heaters are 
included in this definition. A dry scrubber is a dry control system.
    Dutch oven means a unit having a refractory-walled cell connected to 
a conventional boiler setting. Fuel materials are introduced through an 
opening in the roof of the dutch oven and burn in a pile on its floor. 
Fluidized bed boilers are not part of the dutch oven design category.
    Efficiency credit means emission reductions above those required by 
this subpart. Efficiency credits generated may be used to comply with 
the emissions limits. Credits may come from pollution prevention 
projects that result in reduced fuel use by affected units. Boilers that 
are shut down cannot be used to generate credits unless the facility 
provides documentation linking the permanent shutdown to implementation 
of the energy conservation measures identified in the energy assessment.
    Electric utility steam generating unit (EGU) means a fossil fuel-
fired combustion unit of more than 25 megawatts electric (MWe) that 
serves a generator that produces electricity for sale. A fossil fuel-
fired unit that cogenerates steam and electricity and supplies more than 
one-third of its potential electric output capacity and more than 25 MWe 
output to any utility power distribution system for sale is considered 
an electric utility steam generating unit. To be ``capable of 
combusting'' fossil fuels, an EGU would need to have these fuels allowed 
in their operating permits and have the appropriate fuel handling 
facilities on-site or otherwise available (e.g., coal handling 
equipment, including coal storage area, belts and conveyers, 
pulverizers, etc.; oil storage facilities). In addition, fossil fuel-
fired EGU means any EGU that fired fossil fuel for more than 10.0 
percent of the average annual heat input in any 3 consecutive calendar 
years or for more than 15.0 percent of the annual heat input during any 
one calendar year after April 16, 2012.
    Electrostatic precipitator (ESP) means an add-on air pollution 
control device used to capture particulate matter by charging the 
particles using an electrostatic field, collecting the particles using a 
grounded collecting surface,

[[Page 191]]

and transporting the particles into a hopper. An electrostatic 
precipitator is usually a dry control system.
    Energy assessment means the following for the emission units covered 
by this subpart:
    (1) The energy assessment for facilities with affected boilers and 
process heaters with a combined heat input capacity of less than 0.3 
trillion Btu (TBtu) per year will be 8 on-site technical labor hours in 
length maximum, but may be longer at the discretion of the owner or 
operator of the affected source. The boiler system(s), process 
heater(s), and any on-site energy use system(s) accounting for at least 
50 percent of the affected boiler(s) energy (e.g., steam, hot water, 
process heat, or electricity) production, as applicable, will be 
evaluated to identify energy savings opportunities, within the limit of 
performing an 8-hour on-site energy assessment.
    (2) The energy assessment for facilities with affected boilers and 
process heaters with a combined heat input capacity of 0.3 to 1.0 TBtu/
year will be 24 on-site technical labor hours in length maximum, but may 
be longer at the discretion of the owner or operator of the affected 
source. The boiler system(s), process heater(s), and any on-site energy 
use system(s) accounting for at least 33 percent of the energy (e.g., 
steam, hot water, process heat, or electricity) production, as 
applicable, will be evaluated to identify energy savings opportunities, 
within the limit of performing a 24-hour on-site energy assessment.
    (3) The energy assessment for facilities with affected boilers and 
process heaters with a combined heat input capacity greater than 1.0 
TBtu/year will be up to 24 on-site technical labor hours in length for 
the first TBtu/yr plus 8 on-site technical labor hours for every 
additional 1.0 TBtu/yr not to exceed 160 on-site technical hours, but 
may be longer at the discretion of the owner or operator of the affected 
source. The boiler system(s), process heater(s), and any on-site energy 
use system(s) accounting for at least 20 percent of the energy (e.g., 
steam, process heat, hot water, or electricity) production, as 
applicable, will be evaluated to identify energy savings opportunities.
    (4) The on-site energy use systems serving as the basis for the 
percent of affected boiler(s) and process heater(s) energy production in 
paragraphs (1), (2), and (3) of this definition may be segmented by 
production area or energy use area as most logical and applicable to the 
specific facility being assessed (e.g., product X manufacturing area; 
product Y drying area; Building Z).
    Energy management practices means the set of practices and 
procedures designed to manage energy use that are demonstrated by the 
facility's energy policies, a facility energy manager and other staffing 
responsibilities, energy performance measurement and tracking methods, 
an energy saving goal, action plans, operating procedures, internal 
reporting requirements, and periodic review intervals used at the 
facility.
    Energy management program means a program that includes a set of 
practices and procedures designed to manage energy use that are 
demonstrated by the facility's energy policies, a facility energy 
manager and other staffing responsibilities, energy performance 
measurement and tracking methods, an energy saving goal, action plans, 
operating procedures, internal reporting requirements, and periodic 
review intervals used at the facility. Facilities may establish their 
program through energy management systems compatible with ISO 50001.
    Energy use system includes the following systems located on-site 
that use energy (steam, hot water, or electricity) provided by the 
affected boiler or process heater: process heating; compressed air 
systems; machine drive (motors, pumps, fans); process cooling; facility 
heating, ventilation, and air-conditioning systems; hot water systems; 
building envelop; and lighting; or other systems that use steam, hot 
water, process heat, or electricity provided by the affected boiler or 
process heater. Energy use systems are only those systems using energy 
clearly produced by affected boilers and process heaters.

[[Page 192]]

    Equivalent means the following only as this term is used in Table 6 
to this subpart:
    (1) An equivalent sample collection procedure means a published 
voluntary consensus standard or practice (VCS) or EPA method that 
includes collection of a minimum of three composite fuel samples, with 
each composite consisting of a minimum of three increments collected at 
approximately equal intervals over the test period.
    (2) An equivalent sample compositing procedure means a published VCS 
or EPA method to systematically mix and obtain a representative 
subsample (part) of the composite sample.
    (3) An equivalent sample preparation procedure means a published VCS 
or EPA method that: Clearly states that the standard, practice or method 
is appropriate for the pollutant and the fuel matrix; or is cited as an 
appropriate sample preparation standard, practice or method for the 
pollutant in the chosen VCS or EPA determinative or analytical method.
    (4) An equivalent procedure for determining heat content means a 
published VCS or EPA method to obtain gross calorific (or higher 
heating) value.
    (5) An equivalent procedure for determining fuel moisture content 
means a published VCS or EPA method to obtain moisture content. If the 
sample analysis plan calls for determining metals (especially the 
mercury, selenium, or arsenic) using an aliquot of the dried sample, 
then the drying temperature must be modified to prevent vaporizing these 
metals. On the other hand, if metals analysis is done on an ``as 
received'' basis, a separate aliquot can be dried to determine moisture 
content and the metals concentration mathematically adjusted to a dry 
basis.
    (6) An equivalent pollutant (mercury, HCl) determinative or 
analytical procedure means a published VCS or EPA method that clearly 
states that the standard, practice, or method is appropriate for the 
pollutant and the fuel matrix and has a published detection limit equal 
or lower than the methods listed in Table 6 to this subpart for the same 
purpose.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse. A fabric filter is a dry control 
system.
    Federally enforceable means all limitations and conditions that are 
enforceable by the EPA Administrator, including, but not limited to, the 
requirements of 40 CFR parts 60, 61, 63, and 65, requirements within any 
applicable state implementation plan, and any permit requirements 
established under 40 CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    Fluidized bed boiler means a boiler utilizing a fluidized bed 
combustion process that is not a pulverized coal boiler.
    Fluidized bed boiler with an integrated fluidized bed heat exchanger 
means a boiler utilizing a fluidized bed combustion where the entire 
tube surface area is located outside of the furnace section at the exit 
of the cyclone section and exposed to the flue gas stream for conductive 
heat transfer. This design applies only to boilers in the unit designed 
to burn coal/solid fossil fuel subcategory that fire coal refuse.
    Fluidized bed combustion means a process where a fuel is burned in a 
bed of granulated particles, which are maintained in a mobile suspension 
by the forward flow of air and combustion products.
    Fossil fuel means natural gas, oil, coal, and any form of solid, 
liquid, or gaseous fuel derived from such material.
    Fuel cell means a boiler type in which the fuel is dropped onto 
suspended fixed grates and is fired in a pile. The refractory-lined fuel 
cell uses combustion air preheating and positioning of secondary and 
tertiary air injection ports to improve boiler efficiency. Fluidized 
bed, dutch oven, pile burner, hybrid suspension grate, and suspension 
burners are not part of the fuel cell subcategory.
    Fuel type means each category of fuels that share a common name or 
classification. Examples include, but are not limited to, bituminous 
coal, sub-bituminous coal, lignite, anthracite, biomass, distillate oil, 
residual oil. Individual fuel types received from different suppliers 
are not considered new fuel types.

[[Page 193]]

    Gaseous fuel includes, but is not limited to, natural gas, process 
gas, landfill gas, coal derived gas, refinery gas, and biogas. Blast 
furnace gas and process gases that are regulated under another subpart 
of this part, or part 60, part 61, or part 65 of this chapter, are 
exempted from this definition.
    Heat input means heat derived from combustion of fuel in a boiler or 
process heater and does not include the heat input from preheated 
combustion air, recirculated flue gases, returned condensate, or exhaust 
gases from other sources such as gas turbines, internal combustion 
engines, kilns, etc.
    Heavy liquid includes residual oil and any other liquid fuel not 
classified as a light liquid.
    Hourly average means the arithmetic average of at least four CMS 
data values representing the four 15-minute periods in an hour, or at 
least two 15-minute data values during an hour when CMS calibration, 
quality assurance, or maintenance activities are being performed.
    Hot water heater means a closed vessel with a capacity of no more 
than 120 U.S. gallons in which water is heated by combustion of gaseous, 
liquid, or biomass/bio-based solid fuel and is withdrawn for use 
external to the vessel. Hot water boilers (i.e., not generating steam) 
combusting gaseous, liquid, or biomass fuel with a heat input capacity 
of less than 1.6 million Btu per hour are included in this definition. 
The 120 U.S. gallon capacity threshold to be considered a hot water 
heater is independent of the 1.6 MMBtu/hr heat input capacity threshold 
for hot water boilers. Hot water heater also means a tankless unit that 
provides on demand hot water.
    Hybrid suspension grate boiler means a boiler designed with air 
distributors to spread the fuel material over the entire width and depth 
of the boiler combustion zone. The biomass fuel combusted in these units 
exceeds a moisture content of 40 percent on an as-fired annual heat 
input basis as demonstrated by monthly fuel analysis. The drying and 
much of the combustion of the fuel takes place in suspension, and the 
combustion is completed on the grate or floor of the boiler. Fluidized 
bed, dutch oven, and pile burner designs are not part of the hybrid 
suspension grate boiler design category.
    Industrial boiler means a boiler used in manufacturing, processing, 
mining, and refining or any other industry to provide steam, hot water, 
and/or electricity.
    Light liquid includes distillate oil, biodiesel, or vegetable oil.
    Limited-use boiler or process heater means any boiler or process 
heater that burns any amount of solid, liquid, or gaseous fuels and has 
a federally enforceable annual capacity factor of no more than 10 
percent.
    Liquid fuel includes, but is not limited to, light liquid, heavy 
liquid, any form of liquid fuel derived from petroleum, used oil, liquid 
biofuels, biodiesel, and vegetable oil.
    Load fraction means the actual heat input of a boiler or process 
heater divided by heat input during the performance test that 
established the minimum sorbent injection rate or minimum activated 
carbon injection rate, expressed as a fraction (e.g., for 50 percent 
load the load fraction is 0.5). For boilers and process heaters that co-
fire natural gas or refinery gas with a solid or liquid fuel, the load 
fraction is determined by the actual heat input of the solid or liquid 
fuel divided by heat input of the solid or liquid fuel fired during the 
performance test (e.g., if the performance test was conducted at 100 
percent solid fuel firing, for 100 percent load firing 50 percent solid 
fuel and 50 percent natural gas the load fraction is 0.5).
    Major source for oil and natural gas production facilities, as used 
in this subpart, shall have the same meaning as in Sec.  63.2, except 
that:
    (1) Emissions from any oil or gas exploration or production well 
(with its associated equipment, as defined in this section), and 
emissions from any pipeline compressor station or pump station shall not 
be aggregated with emissions from other similar units to determine 
whether such emission points or stations are major sources, even when 
emission points are in a contiguous area or under common control;
    (2) Emissions from processes, operations, or equipment that are not 
part of the same facility, as defined in this section, shall not be 
aggregated; and

[[Page 194]]

    (3) For facilities that are production field facilities, only HAP 
emissions from glycol dehydration units and storage vessels with the 
potential for flash emissions shall be aggregated for a major source 
determination. For facilities that are not production field facilities, 
HAP emissions from all HAP emission units shall be aggregated for a 
major source determination.
    Metal process furnaces are a subcategory of process heaters, as 
defined in this subpart, which include natural gas-fired annealing 
furnaces, preheat furnaces, reheat furnaces, aging furnaces, heat treat 
furnaces, and homogenizing furnaces.
    Million Btu (MMBtu) means one million British thermal units.
    Minimum activated carbon injection rate means load fraction 
multiplied by the lowest hourly average activated carbon injection rate 
measured according to Table 7 to this subpart during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    Minimum oxygen level means the lowest hourly average oxygen level 
measured according to Table 7 to this subpart during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    Minimum pressure drop means the lowest hourly average pressure drop 
measured according to Table 7 to this subpart during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    Minimum scrubber effluent pH means the lowest hourly average sorbent 
liquid pH measured at the inlet to the wet scrubber according to Table 7 
to this subpart during the most recent performance test demonstrating 
compliance with the applicable hydrogen chloride emission limit.
    Minimum scrubber liquid flow rate means the lowest hourly average 
liquid flow rate (e.g., to the PM scrubber or to the acid gas scrubber) 
measured according to Table 7 to this subpart during the most recent 
performance stack test demonstrating compliance with the applicable 
emission limit.
    Minimum scrubber pressure drop means the lowest hourly average 
scrubber pressure drop measured according to Table 7 to this subpart 
during the most recent performance test demonstrating compliance with 
the applicable emission limit.
    Minimum sorbent injection rate means:
    (1) The load fraction multiplied by the lowest hourly average 
sorbent injection rate for each sorbent measured according to Table 7 to 
this subpart during the most recent performance test demonstrating 
compliance with the applicable emission limits; or
    (2) For fluidized bed combustion not using an acid gas wet scrubber 
or dry sorbent injection control technology to comply with the HCl 
emission limit, the lowest average ratio of sorbent to sulfur measured 
during the most recent performance test.
    Minimum total secondary electric power means the lowest hourly 
average total secondary electric power determined from the values of 
secondary voltage and secondary current to the electrostatic 
precipitator measured according to Table 7 to this subpart during the 
most recent performance test demonstrating compliance with the 
applicable emission limits.
    Natural gas means:
    (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon 
gases found in geologic formations beneath the earth's surface, of which 
the principal constituent is methane; or
    (2) Liquefied petroleum gas, as defined in ASTM D1835 (incorporated 
by reference, see Sec.  63.14); or
    (3) A mixture of hydrocarbons that maintains a gaseous state at ISO 
conditions. Additionally, natural gas must either be composed of at 
least 70 percent methane by volume or have a gross calorific value 
between 35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 
1,100 Btu per dry standard cubic foot); or
    (4) Propane or propane derived synthetic natural gas. Propane means 
a colorless gas derived from petroleum and natural gas, with the 
molecular structure C3H8.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12 midnight and the 
following midnight during which any fuel is combusted at any time in the 
boiler or

[[Page 195]]

process heater unit. It is not necessary for fuel to be combusted for 
the entire 24-hour period. For calculating rolling average emissions, an 
operating day does not include the hours of operation during startup or 
shutdown.
    Other combustor means a unit designed to burn solid fuel that is not 
classified as a dutch oven, fluidized bed, fuel cell, hybrid suspension 
grate boiler, pulverized coal boiler, stoker, sloped grate, or 
suspension boiler as defined in this subpart.
    Other gas 1 fuel means a gaseous fuel that is not natural gas or 
refinery gas and does not exceed a maximum concentration of 40 
micrograms/cubic meters of mercury.
    Oxygen analyzer system means all equipment required to determine the 
oxygen content of a gas stream and used to monitor oxygen in the boiler 
or process heater flue gas, boiler or process heater, firebox, or other 
appropriate location. This definition includes oxygen trim systems. The 
source owner or operator must install, calibrate, maintain, and operate 
the oxygen analyzer system in accordance with the manufacturer's 
recommendations.
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over its 
operating load range. A typical system consists of a flue gas oxygen 
and/or CO monitor that automatically provides a feedback signal to the 
combustion air controller or draft controller.
    Particulate matter (PM) means any finely divided solid or liquid 
material, other than uncombined water, as measured by the test methods 
specified under this subpart, or an approved alternative method.
    Period of gas curtailment or supply interruption means a period of 
time during which the supply of gaseous fuel to an affected boiler or 
process heater is restricted or halted for reasons beyond the control of 
the facility. The act of entering into a contractual agreement with a 
supplier of natural gas established for curtailment purposes does not 
constitute a reason that is under the control of a facility for the 
purposes of this definition. An increase in the cost or unit price of 
natural gas due to normal market fluctuations not during periods of 
supplier delivery restriction does not constitute a period of natural 
gas curtailment or supply interruption. On-site gaseous fuel system 
emergencies or equipment failures qualify as periods of supply 
interruption when the emergency or failure is beyond the control of the 
facility.
    Pile burner means a boiler design incorporating a design where the 
anticipated biomass fuel has a high relative moisture content. Grates 
serve to support the fuel, and underfire air flowing up through the 
grates provides oxygen for combustion, cools the grates, promotes 
turbulence in the fuel bed, and fires the fuel. The most common form of 
pile burning is the dutch oven.
    Process heater means an enclosed device using controlled flame, and 
the unit's primary purpose is to transfer heat indirectly to a process 
material (liquid, gas, or solid) or to a heat transfer material (e.g., 
glycol or a mixture of glycol and water) for use in a process unit, 
instead of generating steam. Process heaters are devices in which the 
combustion gases do not come into direct contact with process materials. 
A device combusting solid waste, as defined in Sec.  241.3 of this 
chapter, is not a process heater unless the device is exempt from the 
definition of a solid waste incineration unit as provided in section 
129(g)(1) of the Clean Air Act. Process heaters do not include units 
used for comfort heat or space heat, food preparation for on-site 
consumption, or autoclaves. Waste heat process heaters are excluded from 
this definition.
    Pulverized coal boiler means a boiler in which pulverized coal or 
other solid fossil fuel is introduced into an air stream that carries 
the coal to the combustion chamber of the boiler where it is fired in 
suspension.
    Qualified energy assessor means:
    (1) Someone who has demonstrated capabilities to evaluate energy 
savings opportunities for steam generation and major energy using 
systems, including, but not limited to:
    (i) Boiler combustion management.
    (ii) Boiler thermal energy recovery, including
    (A) Conventional feed water economizer,

[[Page 196]]

    (B) Conventional combustion air preheater, and
    (C) Condensing economizer.
    (iii) Boiler blowdown thermal energy recovery.
    (iv) Primary energy resource selection, including
    (A) Fuel (primary energy source) switching, and
    (B) Applied steam energy versus direct-fired energy versus 
electricity.
    (v) Insulation issues.
    (vi) Steam trap and steam leak management.
    (vi) Condensate recovery.
    (viii) Steam end-use management.
    (2) Capabilities and knowledge includes, but is not limited to:
    (i) Background, experience, and recognized abilities to perform the 
assessment activities, data analysis, and report preparation.
    (ii) Familiarity with operating and maintenance practices for steam 
or process heating systems.
    (iii) Additional potential steam system improvement opportunities 
including improving steam turbine operations and reducing steam demand.
    (iv) Additional process heating system opportunities including 
effective utilization of waste heat and use of proper process heating 
methods.
    (v) Boiler-steam turbine cogeneration systems.
    (vi) Industry specific steam end-use systems.
    Refinery gas means any gas that is generated at a petroleum refinery 
and is combusted. Refinery gas includes natural gas when the natural gas 
is combined and combusted in any proportion with a gas generated at a 
refinery. Refinery gas includes gases generated from other facilities 
when that gas is combined and combusted in any proportion with gas 
generated at a refinery.
    Regulated gas stream means an offgas stream that is routed to a 
boiler or process heater for the purpose of achieving compliance with a 
standard under another subpart of this part or part 60, part 61, or part 
65 of this chapter.
    Residential boiler means a boiler used to provide heat and/or hot 
water and/or as part of a residential combined heat and power system. 
This definition includes boilers located at an institutional facility 
(e.g., university campus, military base, church grounds) or commercial/
industrial facility (e.g., farm) used primarily to provide heat and/or 
hot water for:
    (1) A dwelling containing four or fewer families; or
    (2) A single unit residence dwelling that has since been converted 
or subdivided into condominiums or apartments.
    Residual oil means crude oil, fuel oil that does not comply with the 
specifications under the definition of distillate oil, and all fuel oil 
numbers 4, 5, and 6, as defined by the American Society of Testing and 
Materials in ASTM D396-10 (incorporated by reference, see Sec.  
63.14(b)).
    Responsible official means responsible official as defined in Sec.  
70.2.
    Rolling average means the average of all data collected during the 
applicable averaging period. For demonstration of compliance with a CO 
CEMS-based emission limit based on CO concentration a 30-day (10-day) 
rolling average is comprised of the average of all the hourly average 
concentrations over the previous 720 (240) operating hours calculated 
each operating day. To demonstrate compliance on a 30-day rolling 
average basis for parameters other than CO, you must indicate the basis 
of the 30-day rolling average period you are using for compliance, as 
discussed in Sec.  63.7545(e)(2)(iii). If you indicate the 30 operating 
day basis, you must calculate a new average value each operating day and 
shall include the measured hourly values for the preceding 30 operating 
days. If you select the 720 operating hours basis, you must average of 
all the hourly average concentrations over the previous 720 operating 
hours calculated each operating day.
    Secondary material means the material as defined in Sec.  241.2 of 
this chapter.
    Shutdown means the period in which cessation of operation of a 
boiler or process heater is initiated for any purpose. Shutdown begins 
when the boiler or process heater no longer supplies useful thermal 
energy (such as heat or steam) for heating, cooling, or process purposes 
and/or generates electricity or when no fuel is being fed to the boiler 
or process heater, whichever is earlier.

[[Page 197]]

Shutdown ends when the boiler or process heater no longer supplies 
useful thermal energy (such as steam or heat) for heating, cooling, or 
process purposes and/or generates electricity, and no fuel is being 
combusted in the boiler or process heater.
    Sloped grate means a unit where the solid fuel is fed to the top of 
the grate from where it slides downwards; while sliding the fuel first 
dries and then ignites and burns. The ash is deposited at the bottom of 
the grate. Fluidized bed, dutch oven, pile burner, hybrid suspension 
grate, suspension burners, and fuel cells are not considered to be a 
sloped grate design.
    Solid fossil fuel includes, but is not limited to, coal, coke, 
petroleum coke, and tire derived fuel.
    Solid fuel means any solid fossil fuel or biomass or bio-based solid 
fuel.
    Startup means:
    (1) Either the first-ever firing of fuel in a boiler or process 
heater for the purpose of supplying useful thermal energy for heating 
and/or producing electricity, or for any other purpose, or the firing of 
fuel in a boiler after a shutdown event for any purpose. Startup ends 
when any of the useful thermal energy from the boiler or process heater 
is supplied for heating, and/or producing electricity, or for any other 
purpose, or
    (2) The period in which operation of a boiler or process heater is 
initiated for any purpose. Startup begins with either the first-ever 
firing of fuel in a boiler or process heater for the purpose of 
supplying useful thermal energy (such as steam or heat) for heating, 
cooling or process purposes, or producing electricity, or the firing of 
fuel in a boiler or process heater for any purpose after a shutdown 
event. Startup ends four hours after when the boiler or process heater 
supplies useful thermal energy (such as heat or steam) for heating, 
cooling, or process purposes, or generates electricity, whichever is 
earlier.
    Steam output means:
    (1) For a boiler that produces steam for process or heating only (no 
power generation), the energy content in terms of MMBtu of the boiler 
steam output,
    (2) For a boiler that cogenerates process steam and electricity 
(also known as combined heat and power), the total energy output, which 
is the sum of the energy content of the steam exiting the turbine and 
sent to process in MMBtu and the energy of the electricity generated 
converted to MMBtu at a rate of 10,000 Btu per kilowatt-hour generated 
(10 MMBtu per megawatt-hour), and
    (3) For a boiler that generates only electricity, the alternate 
output-based emission limits would be the appropriate emission limit 
from Table 1 or 2 of this subpart in units of pounds per million Btu 
heat input (lb per MWh).
    (4) For a boiler that performs multiple functions and produces steam 
to be used for any combination of paragraphs (1), (2), and (3) of this 
definition that includes electricity generation of paragraph (3) of this 
definition, the total energy output, in terms of MMBtu of steam output, 
is the sum of the energy content of steam sent directly to the process 
and/or used for heating (S1), the energy content of turbine 
steam sent to process plus energy in electricity according to paragraph 
(2) of this definition (S2), and the energy content of 
electricity generated by a electricity only turbine as paragraph (3) of 
this definition (MW(3)) and would be calculated using 
Equation 21 of this section. In the case of boilers supplying steam to 
one or more common heaters, S1, S2, and 
MW(3) for each boiler would be calculated based on the its 
(steam energy) contribution (fraction of total steam energy) to the 
common heater.
[GRAPHIC] [TIFF OMITTED] TR20NO15.000

Where:

SOM = Total steam output for multi-function boiler, MMBtu

[[Page 198]]

S1 = Energy content of steam sent directly to the process 
          and/or used for heating, MMBtu
S2 = Energy content of turbine steam sent to the process plus 
          energy in electricity according to (2) above, MMBtu
MW(3) = Electricity generated according to paragraph (3) of 
          this definition, MWh
CFn = Conversion factor for the appropriate subcategory for converting 
          electricity generated according to paragraph (3) of this 
          definition to equivalent steam energy, MMBtu/MWh
CFn for emission limits for boilers in the unit designed to burn solid 
          fuel subcategory = 10.8
CFn PM and CO emission limits for boilers in one of the subcategories of 
          units designed to burn coal = 11.7
CFn PM and CO emission limits for boilers in one of the subcategories of 
          units designed to burn biomass = 12.1
CFn for emission limits for boilers in one of the subcategories of units 
          designed to burn liquid fuel = 11.2
CFn for emission limits for boilers in the unit designed to burn gas 2 
          (other) subcategory = 6.2
    Stoker means a unit consisting of a mechanically operated fuel 
feeding mechanism, a stationary or moving grate to support the burning 
of fuel and admit under-grate air to the fuel, an overfire air system to 
complete combustion, and an ash discharge system. This definition of 
stoker includes air swept stokers. There are two general types of 
stokers: Underfeed and overfeed. Overfeed stokers include mass feed and 
spreader stokers. Fluidized bed, dutch oven, pile burner, hybrid 
suspension grate, suspension burners, and fuel cells are not considered 
to be a stoker design.
    Stoker/sloped grate/other unit designed to burn kiln dried biomass 
means the unit is in the units designed to burn biomass/bio-based solid 
subcategory that is either a stoker, sloped grate, or other combustor 
design and is not in the stoker/sloped grate/other units designed to 
burn wet biomass subcategory.
    Stoker/sloped grate/other unit designed to burn wet biomass means 
the unit is in the units designed to burn biomass/bio-based solid 
subcategory that is either a stoker, sloped grate, or other combustor 
design and any of the biomass/bio-based solid fuel combusted in the unit 
exceeds 20 percent moisture on an annual heat input basis.
    Suspension burner means a unit designed to fire dry biomass/biobased 
solid particles in suspension that are conveyed in an airstream to the 
furnace like pulverized coal. The combustion of the fuel material is 
completed on a grate or floor below. The biomass/biobased fuel combusted 
in the unit shall not exceed 20 percent moisture on an annual heat input 
basis. Fluidized bed, dutch oven, pile burner, and hybrid suspension 
grate units are not part of the suspension burner subcategory.
    Temporary boiler means any gaseous or liquid fuel boiler or process 
heater that is designed to, and is capable of, being carried or moved 
from one location to another by means of, for example, wheels, skids, 
carrying handles, dollies, trailers, or platforms. A boiler or process 
heater is not a temporary boiler or process heater if any one of the 
following conditions exists:
    (1) The equipment is attached to a foundation.
    (2) The boiler or process heater or a replacement remains at a 
location within the facility and performs the same or similar function 
for more than 12 consecutive months, unless the regulatory agency 
approves an extension. An extension may be granted by the regulating 
agency upon petition by the owner or operator of a unit specifying the 
basis for such a request. Any temporary boiler or process heater that 
replaces a temporary boiler or process heater at a location and performs 
the same or similar function will be included in calculating the 
consecutive time period.
    (3) The equipment is located at a seasonal facility and operates 
during the full annual operating period of the seasonal facility, 
remains at the facility for at least 2 years, and operates at that 
facility for at least 3 months each year.
    (4) The equipment is moved from one location to another within the 
facility but continues to perform the same or similar function and serve 
the same electricity, process heat, steam, and/or hot water system in an 
attempt to circumvent the residence time requirements of this 
definition.

[[Page 199]]

    Total selected metals (TSM) means the sum of the following metallic 
hazardous air pollutants: arsenic, beryllium, cadmium, chromium, lead, 
manganese, nickel and selenium.
    Traditional fuel means the fuel as defined in Sec.  241.2 of this 
chapter.
    Tune-up means adjustments made to a boiler or process heater in 
accordance with the procedures outlined in Sec.  63.7540(a)(10).
    Ultra low sulfur liquid fuel means a distillate oil that has less 
than or equal to 15 ppm sulfur.
    Unit designed to burn biomass/bio-based solid subcategory includes 
any boiler or process heater that burns at least 10 percent biomass or 
bio-based solids on an annual heat input basis in combination with solid 
fossil fuels, liquid fuels, or gaseous fuels.
    Unit designed to burn coal/solid fossil fuel subcategory includes 
any boiler or process heater that burns any coal or other solid fossil 
fuel alone or at least 10 percent coal or other solid fossil fuel on an 
annual heat input basis in combination with liquid fuels, gaseous fuels, 
or less than 10 percent biomass and bio-based solids on an annual heat 
input basis.
    Unit designed to burn gas 1 subcategory includes any boiler or 
process heater that burns only natural gas, refinery gas, and/or other 
gas 1 fuels. Gaseous fuel boilers and process heaters that burn liquid 
fuel for periodic testing of liquid fuel, maintenance, or operator 
training, not to exceed a combined total of 48 hours during any calendar 
year, are included in this definition. Gaseous fuel boilers and process 
heaters that burn liquid fuel during periods of gas curtailment or gas 
supply interruptions of any duration are also included in this 
definition.
    Unit designed to burn gas 2 (other) subcategory includes any boiler 
or process heater that is not in the unit designed to burn gas 1 
subcategory and burns any gaseous fuels either alone or in combination 
with less than 10 percent coal/solid fossil fuel, and less than 10 
percent biomass/bio-based solid fuel on an annual heat input basis, and 
no liquid fuels. Gaseous fuel boilers and process heaters that are not 
in the unit designed to burn gas 1 subcategory and that burn liquid fuel 
for periodic testing of liquid fuel, maintenance, or operator training, 
not to exceed a combined total of 48 hours during any calendar year, are 
included in this definition. Gaseous fuel boilers and process heaters 
that are not in the unit designed to burn gas 1 subcategory and that 
burn liquid fuel during periods of gas curtailment or gas supply 
interruption of any duration are also included in this definition.
    Unit designed to burn heavy liquid subcategory means a unit in the 
unit designed to burn liquid subcategory where at least 10 percent of 
the heat input from liquid fuels on an annual heat input basis comes 
from heavy liquids.
    Unit designed to burn light liquid subcategory means a unit in the 
unit designed to burn liquid subcategory that is not part of the unit 
designed to burn heavy liquid subcategory.
    Unit designed to burn liquid subcategory includes any boiler or 
process heater that burns any liquid fuel, but less than 10 percent 
coal/solid fossil fuel and less than 10 percent biomass/bio-based solid 
fuel on an annual heat input basis, either alone or in combination with 
gaseous fuels. Units in the unit design to burn gas 1 or unit designed 
to burn gas 2 (other) subcategories that burn liquid fuel for periodic 
testing of liquid fuel, maintenance, or operator training, not to exceed 
a combined total of 48 hours during any calendar year are not included 
in this definition. Units in the unit design to burn gas 1 or unit 
designed to burn gas 2 (other) subcategories during periods of gas 
curtailment or gas supply interruption of any duration are also not 
included in this definition.
    Unit designed to burn liquid fuel that is a non-continental unit 
means an industrial, commercial, or institutional boiler or process 
heater meeting the definition of the unit designed to burn liquid 
subcategory located in the State of Hawaii, the Virgin Islands, Guam, 
American Samoa, the Commonwealth of Puerto Rico, or the Northern Mariana 
Islands.
    Unit designed to burn solid fuel subcategory means any boiler or 
process heater that burns only solid fuels or at least 10 percent solid 
fuel on an annual

[[Page 200]]

heat input basis in combination with liquid fuels or gaseous fuels.
    Useful thermal energy means energy (i.e., steam, hot water, or 
process heat) that meets the minimum operating temperature, flow, and/or 
pressure required by any energy use system that uses energy provided by 
the affected boiler or process heater.
    Vegetable oil means oils extracted from vegetation.
    Voluntary Consensus Standards or VCS mean technical standards (e.g., 
materials specifications, test methods, sampling procedures, business 
practices) developed or adopted by one or more voluntary consensus 
bodies. EPA/Office of Air Quality Planning and Standards, by precedent, 
has only used VCS that are written in English. Examples of VCS bodies 
are: American Society of Testing and Materials (ASTM 100 Barr Harbor 
Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, 
(800) 262-1373, http://www.astm.org), American Society of Mechanical 
Engineers (ASME ASME, Three Park Avenue, New York, NY 10016-5990, (800) 
843-2763, http://www.asme.org), International Standards Organization 
(ISO 1, ch. de la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, 
Switzerland, + 41 22 749 01 11, http://www.iso.org/iso/home.htm), 
Standards Australia (AS Level 10, The Exchange Centre, 20 Bridge Street, 
Sydney, GPO Box 476, Sydney NSW 2001, + 61 2 9237 6171 http://
www.stadards.org.au), British Standards Institution (BSI, 389 Chiswick 
High Road, London, W4 4AL, United Kingdom, + 44 (0)20 8996 9001, http://
www.bsigroup.com), Canadian Standards Association (CSA 5060 Spectrum 
Way, Suite 100, Mississauga, Ontario L4W 5N6, Canada, 800-463-6727, 
http://www.csa.ca), European Committee for Standardization (CEN CENELEC 
Management Centre Avenue Marnix 17 B-1000 Brussels, Belgium + 32 2 550 
08 11, http://www.cen.eu/cen), and German Engineering Standards (VDI VDI 
Guidelines Department, P.O. Box 10 11 39 40002, Duesseldorf, Germany, + 
49 211 6214-230, http://www.vdi.eu). The types of standards that are not 
considered VCS are standards developed by: The United States, e.g., 
California (CARB) and Texas (TCEQ); industry groups, such as American 
Petroleum Institute (API), Gas Processors Association (GPA), and Gas 
Research Institute (GRI); and other branches of the U.S. government, 
e.g., Department of Defense (DOD) and Department of Transportation 
(DOT). This does not preclude EPA from using standards developed by 
groups that are not VCS bodies within their rule. When this occurs, EPA 
has done searches and reviews for VCS equivalent to these non-EPA 
methods.
    Waste heat boiler means a device that recovers normally unused 
energy (i.e., hot exhaust gas) and converts it to usable heat. Waste 
heat boilers are also referred to as heat recovery steam generators. 
Waste heat boilers are heat exchangers generating steam from incoming 
hot exhaust gas from an industrial (e.g., thermal oxidizer, kiln, 
furnace) or power (e.g., combustion turbine, engine) equipment. Duct 
burners are sometimes used to increase the temperature of the incoming 
hot exhaust gas.
    Waste heat process heater means an enclosed device that recovers 
normally unused energy (i.e., hot exhaust gas) and converts it to usable 
heat. Waste heat process heaters are also referred to as recuperative 
process heaters. This definition includes both fired and unfired waste 
heat process heaters.
    Wet scrubber means any add-on air pollution control device that 
mixes an aqueous stream or slurry with the exhaust gases from a boiler 
or process heater to control emissions of particulate matter or to 
absorb and neutralize acid gases, such as hydrogen chloride. A wet 
scrubber creates an aqueous stream or slurry as a byproduct of the 
emissions control process.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

[[Page 201]]


[78 FR 15664, Mar. 21, 2011, as amended at 78 FR 7163, Jan. 31, 2013; 80 
FR 72817, Nov. 20, 2015]



  Sec. Table 1 to Subpart DDDDD of Part 63--Emission Limits for New or 
                Reconstructed Boilers and Process Heaters

    As stated in Sec.  63.7500, you must comply with the following 
applicable emission limits:

                     [Units with heat input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
                                                                           Or the emissions
                                                      The emissions must    must not exceed
                                                        not exceed the       the following        Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this subcategory . . .     pollutants . . .     limits, except       based limits,    volume or test run
                                                      during startup and     except during      duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.2E-02 lb per      2.5E-02 lb per      For M26A, collect
 designed to burn solid fuel.                          MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 0.28 lb   dscm per run; for
                                                                           per MWh.            M26 collect a
                                                                                               minimum of 120
                                                                                               liters per run.
                                  b. Mercury........  8.0E-07 \a\ lb per  8.7E-07 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 1.1E-05   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 4 dscm.
2. Units designed to burn coal/   a. Filterable PM    1.1E-03 lb per      1.1E-03 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.3E-    output or 1.4E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 2.9E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. Carbon monoxide  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid       (CO) (or CEMS).     on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.2E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3      output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).

[[Page 202]]

 
7. Stokers/sloped grate/others    a. CO (or CEMS)...  620 ppm by volume   5.8E-01 lb per      1 hr minimum
 designed to burn wet biomass                          on a dry basis      MMBtu of steam      sampling time.
 fuel.                                                 corrected to 3      output or 6.8 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (390 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    3.0E-02 lb per      3.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.6E-    output or 4.2E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 3.7E-04
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.2E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3      output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.0E-02 lb per      3.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (4.0E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (4.2E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 5.6E-02
                                                                           lb per MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  230 ppm by volume   2.2E-01 lb per      1 hr minimum
 to burn biomass/bio-based                             on a dry basis      MMBtu of steam      sampling time.
 solids.                                               corrected to 3      output or 2.6 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    9.8E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (8.3E-    output or 0.14 lb   run.
                                                       05 \a\ lb per       per MWh; or (1.1E-
                                                       MMBtu of heat       04 \a\ lb per
                                                       input).             MMBtu of steam
                                                                           output or 1.2E-03
                                                                           \a\ lb per MWh).
10. Suspension burners designed   a. CO (or CEMS)...  2,400 ppm by        1.9 lb per MMBtu    1 hr minimum
 to burn biomass/bio-based                             volume on a dry     of steam output     sampling time.
 solids.                                               basis corrected     or 27 lb per MWh;
                                                       to 3 percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    3.0E-02 lb per      3.1E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (6.5E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (6.6E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 9.1E-02
                                                                           lb per MWh).

[[Page 203]]

 
11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  330 ppm by volume   3.5E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solids.                                         corrected to 3      output or 3.6 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    3.2E-03 lb per      4.3E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (3.9E-    output or 4.5E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.2E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 5.5E-04
                                                                           lb per MWh).
12. Fuel cell units designed to   a. CO.............  910 ppm by volume   1.1 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solids.                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.0E + 01 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    2.0E-02 lb per      3.0E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.9E-    output or 2.8E-01   run.
                                                       05 \a\ lb per       lb per MWh; or
                                                       MMBtu of heat       (5.1E-05 lb per
                                                       input).             MMBtu of steam
                                                                           output or 4.1E-04
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  1,100 ppm by        1.4 lb per MMBtu    1 hr minimum
 boiler designed to burn biomass/                      volume on a dry     of steam output     sampling time.
 bio-based solids.                                     basis corrected     or 12 lb per MWh;
                                                       to 3 percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (900
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3
                                                       percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    2.6E-02 lb per      3.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (4.4E-    output or 3.7E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 6.2E-03
                                                                           lb per MWh).
14. Units designed to burn        a. HCl............  4.4E-04 lb per      4.8E-04 lb per      For M26A: Collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 6.1E-03   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  b. Mercury........  4.8E-07 \a\ lb per  5.3E-07 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 6.7E-06   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 4 dscm.
15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.

[[Page 204]]

 
                                  b. Filterable PM    1.3E-02 lb per      1.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (7.5E-    output or 1.8E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (8.2E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 1.1E-03
                                                                           lb per MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    1.1E-03 \a\ lb per  1.2E-03 \a\ lb per  Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.9E-    output or 1.6E-02   run.
                                                       05 lb per MMBtu     \a\ lb per MWh;
                                                       of heat input).     or (3.2E-05 lb
                                                                           per MMBtu of
                                                                           steam output or
                                                                           4.0E-04 lb per
                                                                           MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.3E-02 lb per      2.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 4 dscm per
                                                       input; or (8.6E-    output or 3.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (9.4E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 1.2E-02
                                                                           lb per MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, Collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 3 dscm.
                                  d. Filterable PM    6.7E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.1E-    output or 7.0E-02   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ If your affected source is a new or reconstructed affected source that commenced construction or
  reconstruction after June 4, 2010, and before April 1, 2013, you may comply with the emission limits in Tables
  11, 12 or 13 to this subpart until January 31, 2016. On and after January 31, 2016, you must comply with the
  emission limits in Table 1 to this subpart.
\d\ An owner or operator may request an alternative test method under Sec.   63.7 of this chapter, in order that
  compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
  in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
  appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
  that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
  for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
  scrubber media, etc.


[[Page 205]]


[78 FR 7193, Jan. 31, 2013, as amended at 80 FR 72819, Nov. 20, 2015]



 Sec. Table 2 to Subpart DDDDD of Part 63--Emission Limits for Existing 
                       Boilers and Process Heaters

    As stated in Sec.  63.7500, you must comply with the following 
applicable emission limits:

                     [Units with heat input capacity of 10 million Btu per hour or greater]
----------------------------------------------------------------------------------------------------------------
                                                                          The emissions must
                                                      The emissions must    not exceed the
                                                        not exceed the         following          Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this subcategory . . .     pollutants . . .     limits, except       based limits,    volume or test run
                                                      during startup and     except during      duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.2E-02 lb per      2.5E-02 lb per      For M26A, Collect
 designed to burn solid fuel.                          MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 0.27 lb   dscm per run; for
                                                                           per MWh.            M26, collect a
                                                                                               minimum of 120
                                                                                               liters per run.
                                  b. Mercury........  5.7E-06 lb per      6.4E-06 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 7.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 3 dscm.
2. Units design to burn coal/     a. Filterable PM    4.0E-02 lb per      4.2E-02 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.3E-    output or 4.9E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.6E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 6.5E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid                           on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  160 ppm by volume   0.14 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.7 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.3E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3      output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).

[[Page 206]]

 
7. Stokers/sloped grate/others    a. CO (or CEMS)...  1,500 ppm by        1.4 lb per MMBtu    1 hr minimum
 designed to burn wet biomass                          volume on a dry     of steam output     sampling time.
 fuel.                                                 basis corrected     or 17 lb per MWh;
                                                       to 3 percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (720
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    3.7E-02 lb per      4.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.4E-    output or 5.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.8E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 3.4E-04
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.2E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3      output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.2E-01 lb per      3.7E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (4.0E-    output or 4.5 lb    run.
                                                       03 lb per MMBtu     per MWh; or (4.6E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 5.6E-02 lb per
                                                                           MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  470 ppm by volume   4.6E-01 lb per      1 hr minimum
 to burn biomass/bio-based solid.                      on a dry basis      MMBtu of steam      sampling time.
                                                       corrected to 3      output or 5.2 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    1.1E-01 lb per      1.4E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (1.2E-    output or 1.6 lb    run.
                                                       03 lb per MMBtu     per MWh; or (1.5E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 1.7E-02 lb per
                                                                           MWh).
10. Suspension burners designed   a. CO (or CEMS)...  2,400 ppm by        1.9 lb per MMBtu    1 hr minimum
 to burn biomass/bio-based solid.                      volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 27 lb per MWh;
                                                       to 3 percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    5.1E-02 lb per      5.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (6.5E-    output or 7.1E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (6.6E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 9.1E-02
                                                                           lb per MWh).

[[Page 207]]

 
11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  770 ppm by volume   8.4E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solid.                                          corrected to 3      output or 8.4 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3 percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    2.8E-01 lb per      3.9E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 3.9 lb    run.
                                                       03 lb per MMBtu     per MWh; or (2.8E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 2.8E-02 lb per
                                                                           MWh).
12. Fuel cell units designed to   a. CO.............  1,100 ppm by        2.4 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solid.                         volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 12 lb per MWh.
                                                       to 3 percent
                                                       oxygen.
                                  b. Filterable PM    2.0E-02 lb per      5.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.8E-    output or 2.8E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (1.6E-02 lb per
                                                                           MMBtu of steam
                                                                           output or 8.1E-02
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  3,500 ppm by        3.5 lb per MMBtu    1 hr minimum
 units designed to burn biomass/                       volume on a dry     of steam output     sampling time.
 bio-based solid.                                      basis corrected     or 39 lb per MWh;
                                                       to 3 percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (900
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    4.4E-01 lb per      5.5E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (4.5E-    output or 6.2 lb    run.
                                                       04 lb per MMBtu     per MWh; or (5.7E-
                                                       of heat input).     04 lb per MMBtu
                                                                           of steam output
                                                                           or 6.3E-03 lb per
                                                                           MWh).
14. Units designed to burn        a. HCl............  1.1E-03 lb per      1.4E-03 lb per      For M26A, collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.6E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  b. Mercury........  2.0E-06 \a\ lb per  2.5E-06 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 2.8E-05   per run; for M30A
                                                                           lb per MWh.         or M30B collect a
                                                                                               minimum sample as
                                                                                               specified in the
                                                                                               method, for ASTM
                                                                                               D6784,\b\ collect
                                                                                               a minimum of 2
                                                                                               dscm.
15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.

[[Page 208]]

 
                                  b. Filterable PM    6.2E-02 lb per      7.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 8.6E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.8E-03
                                                                           lb per MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    7.9E-03 \a\ lb per  9.6E-03 \a\ lb per  Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (6.2E-    output or 1.1E-01   run.
                                                       05 lb per MMBtu     \a\ lb per MWh;
                                                       of heat input).     or (7.5E-05 lb
                                                                           per MMBtu of
                                                                           steam output or
                                                                           8.6E-04 lb per
                                                                           MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3      or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.7E-01 lb per      3.3E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (8.6E-    output or 3.8 lb    run.
                                                       04 lb per MMBtu     per MWh; or (1.1E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 1.2E-02 lb per
                                                                           MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3      or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                               minimum of 240
                                                                                               liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                               a minimum sample
                                                                                               as specified in
                                                                                               the method; for
                                                                                               ASTM D6784 \b\
                                                                                               collect a minimum
                                                                                               of 2 dscm.
                                  d. Filterable PM    6.7E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input or (2.1E-04   output or 7.0E-02   run.
                                                       lb per MMBtu of     lb per MWh; or
                                                       heat input).        (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote a, your performance tests for this pollutant for at least 2 consecutive years
  must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may request an alternative test method under Sec.   63.7 of this chapter, in order that
  compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
  in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
  appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
  that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
  for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
  scrubber media, etc.


[78 FR 7195, Jan. 31, 2013, as amended at 80 FR 72821, Nov. 20, 2015]

[[Page 209]]



    Sec. Table 3 to Subpart DDDDD of Part 63--Work Practice Standards

    As stated in Sec.  63.7500, you must comply with the following 
applicable work practice standards:

------------------------------------------------------------------------
                                         You must meet the following . .
         If your unit is . . .                          .
------------------------------------------------------------------------
1. A new or existing boiler or process   Conduct a tune-up of the boiler
 heater with a continuous oxygen trim     or process heater every 5
 system that maintains an optimum air     years as specified in Sec.
 to fuel ratio, or a heat input           63.7540.
 capacity of less than or equal to 5
 million Btu per hour in any of the
 following subcategories: unit designed
 to burn gas 1; unit designed to burn
 gas 2 (other); or unit designed to
 burn light liquid, or a limited use
 boiler or process heater.
2. A new or existing boiler or process   Conduct a tune-up of the boiler
 heater without a continuous oxygen       or process heater biennially
 trim system and with heat input          as specified in Sec.
 capacity of less than 10 million Btu     63.7540.
 per hour in the unit designed to burn
 heavy liquid or unit designed to burn
 solid fuel subcategories; or a new or
 existing boiler or process heater with
 heat input capacity of less than 10
 million Btu per hour, but greater than
 5 million Btu per hour, in any of the
 following subcategories: unit designed
 to burn gas 1; unit designed to burn
 gas 2 (other); or unit designed to
 burn light liquid.
3. A new or existing boiler or process   Conduct a tune-up of the boiler
 heater without a continuous oxygen       or process heater annually as
 trim system and with heat input          specified in Sec.   63.7540.
 capacity of 10 million Btu per hour or   Units in either the Gas 1 or
 greater.                                 Metal Process Furnace
                                          subcategories will conduct
                                          this tune-up as a work
                                          practice for all regulated
                                          emissions under this subpart.
                                          Units in all other
                                          subcategories will conduct
                                          this tune-up as a work
                                          practice for dioxins/furans.
4. An existing boiler or process heater  Must have a one-time energy
 located at a major source facility,      assessment performed by a
 not including limited use units.         qualified energy assessor. An
                                          energy assessment completed on
                                          or after January 1, 2008, that
                                          meets or is amended to meet
                                          the energy assessment
                                          requirements in this table,
                                          satisfies the energy
                                          assessment requirement. A
                                          facility that operated under
                                          an energy management program
                                          developed according to the
                                          ENERGY STAR guidelines for
                                          energy management or
                                          compatible with ISO 50001 for
                                          at least one year between
                                          January 1, 2008 and the
                                          compliance date specified in
                                          Sec.   63.7495 that includes
                                          the affected units also
                                          satisfies the energy
                                          assessment requirement. The
                                          energy assessment must include
                                          the following with extent of
                                          the evaluation for items a. to
                                          e. appropriate for the on-site
                                          technical hours listed in Sec.
                                            63.7575:
                                         a. A visual inspection of the
                                          boiler or process heater
                                          system.
                                         b. An evaluation of operating
                                          characteristics of the boiler
                                          or process heater systems,
                                          specifications of energy using
                                          systems, operating and
                                          maintenance procedures, and
                                          unusual operating constraints.
                                         c. An inventory of major energy
                                          use systems consuming energy
                                          from affected boilers and
                                          process heaters and which are
                                          under the control of the
                                          boiler/process heater owner/
                                          operator.
                                         d. A review of available
                                          architectural and engineering
                                          plans, facility operation and
                                          maintenance procedures and
                                          logs, and fuel usage.
                                         e. A review of the facility's
                                          energy management program and
                                          provide recommendations for
                                          improvements consistent with
                                          the definition of energy
                                          management program, if
                                          identified.
                                         f. A list of cost-effective
                                          energy conservation measures
                                          that are within the facility's
                                          control.
                                         g. A list of the energy savings
                                          potential of the energy
                                          conservation measures
                                          identified.
                                         h. A comprehensive report
                                          detailing the ways to improve
                                          efficiency, the cost of
                                          specific improvements,
                                          benefits, and the time frame
                                          for recouping those
                                          investments.

[[Page 210]]

 
5. An existing or new boiler or process  a. You must operate all CMS
 heater subject to emission limits in     during startup.
 Table 1 or 2 or 11 through 13 to this   b. For startup of a boiler or
 subpart during startup.                  process heater, you must use
                                          one or a combination of the
                                          following clean fuels: Natural
                                          gas, synthetic natural gas,
                                          propane, other Gas 1 fuels,
                                          distillate oil, syngas, ultra-
                                          low sulfur diesel, fuel oil-
                                          soaked rags, kerosene,
                                          hydrogen, paper, cardboard,
                                          refinery gas, liquefied
                                          petroleum gas, clean dry
                                          biomass, and any fuels meeting
                                          the appropriate HCl, mercury
                                          and TSM emission standards by
                                          fuel analysis.
                                         c. You have the option of
                                          complying using either of the
                                          following work practice
                                          standards.
                                         (1) If you choose to comply
                                          using definition (1) of
                                          ``startup'' in Sec.   63.7575,
                                          once you start firing fuels
                                          that are not clean fuels, you
                                          must vent emissions to the
                                          main stack(s) and engage all
                                          of the applicable control
                                          devices except limestone
                                          injection in fluidized bed
                                          combustion (FBC) boilers, dry
                                          scrubber, fabric filter, and
                                          selective catalytic reduction
                                          (SCR). You must start your
                                          limestone injection in FBC
                                          boilers, dry scrubber, fabric
                                          filter, and SCR systems as
                                          expeditiously as possible.
                                          Startup ends when steam or
                                          heat is supplied for any
                                          purpose, OR
                                         (2) If you choose to comply
                                          using definition (2) of
                                          ``startup'' in Sec.   63.7575,
                                          once you start to feed fuels
                                          that are not clean fuels, you
                                          must vent emissions to the
                                          main stack(s) and engage all
                                          of the applicable control
                                          devices so as to comply with
                                          the emission limits within 4
                                          hours of start of supplying
                                          useful thermal energy. You
                                          must engage and operate PM
                                          control within one hour of
                                          first feeding fuels that are
                                          not clean fuels\a\. You must
                                          start all applicable control
                                          devices as expeditiously as
                                          possible, but, in any case,
                                          when necessary to comply with
                                          other standards applicable to
                                          the source by a permit limit
                                          or a rule other than this
                                          subpart that require operation
                                          of the control devices. You
                                          must develop and implement a
                                          written startup and shutdown
                                          plan, as specified in Sec.
                                          63.7505(e).
                                         d. You must comply with all
                                          applicable emission limits at
                                          all times except during
                                          startup and shutdown periods
                                          at which time you must meet
                                          this work practice. You must
                                          collect monitoring data during
                                          periods of startup, as
                                          specified in Sec.
                                          63.7535(b). You must keep
                                          records during periods of
                                          startup. You must provide
                                          reports concerning activities
                                          and periods of startup, as
                                          specified in Sec.   63.7555.
6. An existing or new boiler or process  You must operate all CMS during
 heater subject to emission limits in     shutdown.
 Tables 1 or 2 or 11 through 13 to this  While firing fuels that are not
 subpart during shutdown.                 clean fuels during shutdown,
                                          you must vent emissions to the
                                          main stack(s) and operate all
                                          applicable control devices,
                                          except limestone injection in
                                          FBC boilers, dry scrubber,
                                          fabric filter, and SCR but, in
                                          any case, when necessary to
                                          comply with other standards
                                          applicable to the source that
                                          require operation of the
                                          control device.
                                         If, in addition to the fuel
                                          used prior to initiation of
                                          shutdown, another fuel must be
                                          used to support the shutdown
                                          process, that additional fuel
                                          must be one or a combination
                                          of the following clean fuels:
                                          Natural gas, synthetic natural
                                          gas, propane, other Gas 1
                                          fuels, distillate oil, syngas,
                                          ultra-low sulfur diesel,
                                          refinery gas, and liquefied
                                          petroleum gas.
                                         You must comply with all
                                          applicable emissions limits at
                                          all times except for startup
                                          or shutdown periods conforming
                                          with this work practice. You
                                          must collect monitoring data
                                          during periods of shutdown, as
                                          specified in Sec.
                                          63.7535(b). You must keep
                                          records during periods of
                                          shutdown. You must provide
                                          reports concerning activities
                                          and periods of shutdown, as
                                          specified in Sec.   63.7555.
------------------------------------------------------------------------
\a\ As specified in Sec.   63.7555(d)(13), the source may request an
  alternative timeframe with the PM controls requirement to the
  permitting authority (state, local, or tribal agency) that has been
  delegated authority for this subpart by EPA. The source must provide
  evidence that (1) it is unable to safely engage and operate the PM
  control(s) to meet the ``fuel firing + 1 hour'' requirement and (2)
  the PM control device is appropriately designed and sized to meet the
  filterable PM emission limit. It is acknowledged that there may be
  another control device that has been installed other than ESP that
  provides additional PM control (e.g., scrubber).


[78 FR 7198, Jan. 31, 2013, as amended at 80 FR 72823, Nov. 20, 2015]

[[Page 211]]



 Sec. Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers 
                           and Process Heaters

    As stated in Sec.  63.7500, you must comply with the applicable 
operating limits:

  Table 4 to Subpart DDDDD of Part 63--Operating Limits for Boilers and
                             Process Heaters
------------------------------------------------------------------------
 When complying with a Table 1, 2,
 11, 12, or 13 numerical emission   You must meet these operating limits
         limit using . . .                          . . .
------------------------------------------------------------------------
1. Wet PM scrubber control on a     Maintain the 30-day rolling average
 boiler or process heater not        pressure drop and the 30-day
 using a PM CPMS.                    rolling average liquid flow rate at
                                     or above the lowest one-hour
                                     average pressure drop and the
                                     lowest one-hour average liquid flow
                                     rate, respectively, measured during
                                     the performance test demonstrating
                                     compliance with the PM emission
                                     limitation according to Sec.
                                     63.7530(b) and Table 7 to this
                                     subpart.
2. Wet acid gas (HCl) scrubber \a\  Maintain the 30-day rolling average
 control on a boiler or process      effluent pH at or above the lowest
 heater not using a HCl CEMS.        one-hour average pH and the 30-day
                                     rolling average liquid flow rate at
                                     or above the lowest one-hour
                                     average liquid flow rate measured
                                     during the performance test
                                     demonstrating compliance with the
                                     HCl emission limitation according
                                     to Sec.   63.7530(b) and Table 7 to
                                     this subpart.
3. Fabric filter control on a       a. Maintain opacity to less than or
 boiler or process heater not        equal to 10 percent opacity or the
 using a PM CPMS.                    highest hourly average opacity
                                     reading measured during the
                                     performance test run demonstrating
                                     compliance with the PM (or TSM)
                                     emission limitation (daily block
                                     average); or
                                    b. Install and operate a bag leak
                                     detection system according to Sec.
                                      63.7525 and operate the fabric
                                     filter such that the bag leak
                                     detection system alert is not
                                     activated more than 5 percent of
                                     the operating time during each 6-
                                     month period.
4. Electrostatic precipitator       a. This option is for boilers and
 control on a boiler or process      process heaters that operate dry
 heater not using a PM CPMS.         control systems (i.e., an ESP
                                     without a wet scrubber). Existing
                                     and new boilers and process heaters
                                     must maintain opacity to less than
                                     or equal to 10 percent opacity or
                                     the highest hourly average opacity
                                     reading measured during the
                                     performance test run demonstrating
                                     compliance with the PM (or TSM)
                                     emission limitation (daily block
                                     average).
                                    b. This option is only for boilers
                                     and process heaters not subject to
                                     PM CPMS or continuous compliance
                                     with an opacity limit (i.e., dry
                                     ESP). Maintain the 30-day rolling
                                     average total secondary electric
                                     power input of the electrostatic
                                     precipitator at or above the
                                     operating limits established during
                                     the performance test according to
                                     Sec.   63.7530(b) and Table 7 to
                                     this subpart.
5. Dry scrubber or carbon           Maintain the minimum sorbent or
 injection control on a boiler or    carbon injection rate as defined in
 process heater not using a          Sec.   63.7575 of this subpart.
 mercury CEMS.
6. Any other add-on air pollution   This option is for boilers and
 control type on a boiler or         process heaters that operate dry
 process heater not using a PM       control systems. Existing and new
 CPMS.                               boilers and process heaters must
                                     maintain opacity to less than or
                                     equal to 10 percent opacity or the
                                     highest hourly average opacity
                                     reading measured during the
                                     performance test run demonstrating
                                     compliance with the PM (or TSM)
                                     emission limitation (daily block
                                     average).
7. Performance testing............  For boilers and process heaters that
                                     demonstrate compliance with a
                                     performance test, maintain the 30-
                                     day rolling average operating load
                                     of each unit such that it does not
                                     exceed 110 percent of the highest
                                     hourly average operating load
                                     recorded during the performance
                                     test.
8. Oxygen analyzer system.........  For boilers and process heaters
                                     subject to a CO emission limit that
                                     demonstrate compliance with an O2
                                     analyzer system as specified in
                                     Sec.   63.7525(a), maintain the 30-
                                     day rolling average oxygen content
                                     at or above the lowest hourly
                                     average oxygen concentration
                                     measured during the CO performance
                                     test, as specified in Table 8. This
                                     requirement does not apply to units
                                     that install an oxygen trim system
                                     since these units will set the trim
                                     system to the level specified in
                                     Sec.   63.7525(a).
9. SO2 CEMS.......................  For boilers or process heaters
                                     subject to an HCl emission limit
                                     that demonstrate compliance with an
                                     SO2 CEMS, maintain the 30-day
                                     rolling average SO2 emission rate
                                     at or below the highest hourly
                                     average SO2 concentration measured
                                     during the HCl performance test, as
                                     specified in Table 8.
------------------------------------------------------------------------
\a\ A wet acid gas scrubber is a control device that removes acid gases
  by contacting the combustion gas with an alkaline slurry or solution.
  Alkaline reagents include, but not limited to, lime, limestone and
  sodium.


[80 FR 72874, Nov. 20, 2015]

[[Page 212]]



     Sec. Table 5 to Subpart DDDDD of Part 63--Performance Testing 
                              Requirements

    As stated in Sec.  63.7520, you must comply with the following 
requirements for performance testing for existing, new or reconstructed 
affected sources:

------------------------------------------------------------------------
                                                            Using, as
 To conduct a performance test for     You must. . .     appropriate . .
   the following pollutant . . .                                .
------------------------------------------------------------------------
1. Filterable PM...................  a. Select          Method 1 at 40
                                      sampling ports     CFR part 60,
                                      location and the   appendix A-1 of
                                      number of          this chapter.
                                      traverse points.
                                     b. Determine       Method 2, 2F, or
                                      velocity and       2G at 40 CFR
                                      volumetric flow-   part 60,
                                      rate of the        appendix A-1 or
                                      stack gas.         A-2 to part 60
                                                         of this
                                                         chapter.
                                     c. Determine       Method 3A or 3B
                                      oxygen or carbon   at 40 CFR part
                                      dioxide            60, appendix A-
                                      concentration of   2 to part 60 of
                                      the stack gas.     this chapter,
                                                         or ANSI/ASME
                                                         PTC 19.10-
                                                         1981.\a\
                                     d. Measure the     Method 4 at 40
                                      moisture content   CFR part 60,
                                      of the stack gas.  appendix A-3 of
                                                         this chapter.
                                     e. Measure the PM  Method 5 or 17
                                      emission           (positive
                                      concentration.     pressure fabric
                                                         filters must
                                                         use Method 5D)
                                                         at 40 CFR part
                                                         60, appendix A-
                                                         3 or A-6 of
                                                         this chapter.
                                     f. Convert         Method 19 F-
                                      emissions          factor
                                      concentration to   methodology at
                                      lb per MMBtu       40 CFR part 60,
                                      emission rates.    appendix A-7 of
                                                         this chapter.
2. TSM.............................  a. Select          Method 1 at 40
                                      sampling ports     CFR part 60,
                                      location and the   appendix A-1 of
                                      number of          this chapter.
                                      traverse points.
                                     b. Determine       Method 2, 2F, or
                                      velocity and       2G at 40 CFR
                                      volumetric flow-   part 60,
                                      rate of the        appendix A-1 or
                                      stack gas.         A-2 of this
                                                         chapter.
                                     c. Determine       Method 3A or 3B
                                      oxygen or carbon   at 40 CFR part
                                      dioxide            60, appendix A-
                                      concentration of   1 of this
                                      the stack gas.     chapter, or
                                                         ANSI/ASME PTC
                                                         19.10-1981.\a\
                                     d. Measure the     Method 4 at 40
                                      moisture content   CFR part 60,
                                      of the stack gas.  appendix A-3 of
                                                         this chapter.
                                     e. Measure the     Method 29 at 40
                                      TSM emission       CFR part 60,
                                      concentration.     appendix A-8 of
                                                         this chapter
                                     f. Convert         Method 19 F-
                                      emissions          factor
                                      concentration to   methodology at
                                      lb per MMBtu       40 CFR part 60,
                                      emission rates.    appendix A-7 of
                                                         this chapter.
3. Hydrogen chloride...............  a. Select          Method 1 at 40
                                      sampling ports     CFR part 60,
                                      location and the   appendix A-1 of
                                      number of          this chapter.
                                      traverse points.
                                     b. Determine       Method 2, 2F, or
                                      velocity and       2G at 40 CFR
                                      volumetric flow-   part 60,
                                      rate of the        appendix A-2 of
                                      stack gas.         this chapter.
                                     c. Determine       Method 3A or 3B
                                      oxygen or carbon   at 40 CFR part
                                      dioxide            60, appendix A-
                                      concentration of   2 of this
                                      the stack gas.     chapter, or
                                                         ANSI/ASME PTC
                                                         19.10-1981.\a\
                                     d. Measure the     Method 4 at 40
                                      moisture content   CFR part 60,
                                      of the stack gas.  appendix A-3 of
                                                         this chapter.
                                     e. Measure the     Method 26 or 26A
                                      hydrogen           (M26 or M26A)
                                      chloride           at 40 CFR part
                                      emission           60, appendix A-
                                      concentration.     8 of this
                                                         chapter.
                                     f. Convert         Method 19 F-
                                      emissions          factor
                                      concentration to   methodology at
                                      lb per MMBtu       40 CFR part 60,
                                      emission rates.    appendix A-7 of
                                                         this chapter.
4. Mercury.........................  a. Select          Method 1 at 40
                                      sampling ports     CFR part 60,
                                      location and the   appendix A-1 of
                                      number of          this chapter.
                                      traverse points.
                                     b. Determine       Method 2, 2F, or
                                      velocity and       2G at 40 CFR
                                      volumetric flow-   part 60,
                                      rate of the        appendix A-1 or
                                      stack gas.         A-2 of this
                                                         chapter.
                                     c. Determine       Method 3A or 3B
                                      oxygen or carbon   at 40 CFR part
                                      dioxide            60, appendix A-
                                      concentration of   1 of this
                                      the stack gas.     chapter, or
                                                         ANSI/ASME PTC
                                                         19.10-1981.\a\
                                     d. Measure the     Method 4 at 40
                                      moisture content   CFR part 60,
                                      of the stack gas.  appendix A-3 of
                                                         this chapter.
                                     e. Measure the     Method 29, 30A,
                                      mercury emission   or 30B (M29,
                                      concentration.     M30A, or M30B)
                                                         at 40 CFR part
                                                         60, appendix A-
                                                         8 of this
                                                         chapter or
                                                         Method 101A at
                                                         40 CFR part 61,
                                                         appendix B of
                                                         this chapter,
                                                         or ASTM Method
                                                         D6784.\a\
                                     f. Convert         Method 19 F-
                                      emissions          factor
                                      concentration to   methodology at
                                      lb per MMBtu       40 CFR part 60,
                                      emission rates.    appendix A-7 of
                                                         this chapter.
5. CO..............................  a. Select the      Method 1 at 40
                                      sampling ports     CFR part 60,
                                      location and the   appendix A-1 of
                                      number of          this chapter.
                                      traverse points.

[[Page 213]]

 
                                     b. Determine       Method 3A or 3B
                                      oxygen             at 40 CFR part
                                      concentration of   60, appendix A-
                                      the stack gas.     3 of this
                                                         chapter, or
                                                         ASTM D6522-00
                                                         (Reapproved
                                                         2005), or ANSI/
                                                         ASME PTC 19.10-
                                                         1981.\a\
                                     c. Measure the     Method 4 at 40
                                      moisture content   CFR part 60,
                                      of the stack gas.  appendix A-3 of
                                                         this chapter.
                                     d. Measure the CO  Method 10 at 40
                                      emission           CFR part 60,
                                      concentration.     appendix A-4 of
                                                         this chapter.
                                                         Use a
                                                         measurement
                                                         span value of 2
                                                         times the
                                                         concentration
                                                         of the
                                                         applicable
                                                         emission limit.
------------------------------------------------------------------------
\a\ Incorporated by reference, see Sec.   63.14.


[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7200, Jan. 31, 2013; 80 
FR 72825, Nov. 20, 2015]



  Sec. Table 6 to Subpart DDDDD of Part 63--Fuel Analysis Requirements

    As stated in Sec.  63.7521, you must comply with the following 
requirements for fuel analysis testing for existing, new or 
reconstructed affected sources. However, equivalent methods (as defined 
in Sec.  63.7575) may be used in lieu of the prescribed methods at the 
discretion of the source owner or operator:

------------------------------------------------------------------------
To conduct a fuel analysis for
 the following pollutant . . .    You must . . .        Using . . .
 
------------------------------------------------------------------------
1. Mercury....................  a. Collect fuel    Procedure in Sec.
                                 samples.           63.7521(c) or ASTM
                                                    D5192\a\, or ASTM
                                                    D7430\a\, or ASTM
                                                    D6883\a\, or ASTM
                                                    D2234/D2234M\a\ (for
                                                    coal) or EPA 1631 or
                                                    EPA 1631E or ASTM
                                                    D6323\a\ (for
                                                    solid), or EPA 821-R-
                                                    01-013 (for liquid
                                                    or solid), or ASTM
                                                    D4177\a\ (for
                                                    liquid), or ASTM
                                                    D4057\a\ (for
                                                    liquid), or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples.           63.7521(d) or
                                                    equivalent.
                                c. Prepare         EPA SW-846-3050B\a\
                                 composited fuel    (for solid samples),
                                 samples.           ASTM D2013/D2013M\a\
                                                    (for coal), ASTM
                                                    D5198\a\ (for
                                                    biomass), or EPA
                                                    3050\a\ (for solid
                                                    fuel), or EPA 821-R-
                                                    01-013\a\ (for
                                                    liquid or solid), or
                                                    equivalent.
                                d. Determine heat  ASTM D5865\a\ (for
                                 content of the     coal) or ASTM
                                 fuel type.         E711\a\ (for
                                                    biomass), or ASTM
                                                    D5864\a\ for liquids
                                                    and other solids, or
                                                    ASTM D240\a\ or
                                                    equivalent.
                                e. Determine       ASTM D3173\a\, ASTM
                                 moisture content   E871\a\, or ASTM
                                 of the fuel type.  D5864\a\, or ASTM
                                                    D240\a\, or ASTM
                                                    D95\a\ (for liquid
                                                    fuels), or ASTM
                                                    D4006\a\ (for liquid
                                                    fuels), or
                                                    equivalent.
                                f. Measure         ASTM D6722\a\ (for
                                 mercury            coal), EPA SW-846-
                                 concentration in   7471B\a\ or EPA 1631
                                 fuel sample.       or EPA 1631E\a\ (for
                                                    solid samples), or
                                                    EPA SW-846-7470A\a\
                                                    or EPA SW-846-
                                                    7471B\a\ (for liquid
                                                    samples), or EPA 821-
                                                    R-01-013\a\ (for
                                                    liquid or solid), or
                                                    equivalent.
                                g. Convert         For fuel mixtures use
                                 concentration      Equation 8 in Sec.
                                 into units of      63.7530.
                                 pounds of
                                 mercury per
                                 MMBtu of heat
                                 content.
2. HCl........................  a. Collect fuel    Procedure in Sec.
                                 samples.           63.7521(c) or ASTM
                                                    D5192\a\, or ASTM
                                                    D7430\a\, or ASTM
                                                    D6883\a\, or ASTM
                                                    D2234/D2234M\a\ (for
                                                    coal) or ASTM
                                                    D6323\a\ (for coal
                                                    or biomass), ASTM
                                                    D4177\a\ (for liquid
                                                    fuels) or ASTM
                                                    D4057\a\ (for liquid
                                                    fuels), or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples.           63.7521(d) or
                                                    equivalent.
                                c. Prepare         EPA SW-846-3050B\a\
                                 composited fuel    (for solid samples),
                                 samples.           ASTM D2013/D2013M\a\
                                                    (for coal), or ASTM
                                                    D5198\a\ (for
                                                    biomass), or EPA
                                                    3050\a\ or
                                                    equivalent.
                                d. Determine heat  ASTM D5865\a\ (for
                                 content of the     coal) or ASTM
                                 fuel type.         E711\a\ (for
                                                    biomass), ASTM
                                                    D5864\a\, ASTM
                                                    D240\a\ or
                                                    equivalent.
                                e. Determine       ASTM D3173\a\ or ASTM
                                 moisture content   E871\a\, or
                                 of the fuel type.  D5864\a\, or ASTM
                                                    D240\a\, or ASTM
                                                    D95\a\ (for liquid
                                                    fuels), or ASTM
                                                    D4006\a\ (for liquid
                                                    fuels), or
                                                    equivalent.
                                f. Measure         EPA SW-846-9250\a\,
                                 chlorine           ASTM D6721\a\, ASTM
                                 concentration in   D4208\a\ (for coal),
                                 fuel sample.       or EPA SW-846-
                                                    5050\a\ or ASTM
                                                    E776\a\ (for solid
                                                    fuel), or EPA SW-846-
                                                    9056\a\ or SW-846-
                                                    9076\a\ (for solids
                                                    or liquids) or
                                                    equivalent.
                                g. Convert         For fuel mixtures use
                                 concentrations     Equation 7 in Sec.
                                 into units of      63.7530 and convert
                                 pounds of HCl      from chlorine to HCl
                                 per MMBtu of       by multiplying by
                                 heat content.      1.028.

[[Page 214]]

 
3. Mercury Fuel Specification   a. Measure         Method 30B (M30B) at
 for other gas 1 fuels.          mercury            40 CFR part 60,
                                 concentration in   appendix A-8 of this
                                 the fuel sample    chapter or ASTM
                                 and convert to     D5954\a\, ASTM
                                 units of           D6350\a\, ISO 6978-
                                 micrograms per     1:2003(E)\a\, or ISO
                                 cubic meter, or.   6978-2:2003(E)\a\,
                                                    or EPA-1631\a\ or
                                                    equivalent.
                                b. Measure         Method 29, 30A, or
                                 mercury            30B (M29, M30A, or
                                 concentration in   M30B) at 40 CFR part
                                 the exhaust gas    60, appendix A-8 of
                                 when firing only   this chapter or
                                 the other gas 1    Method 101A or
                                 fuel is fired in   Method 102 at 40 CFR
                                 the boiler or      part 61, appendix B
                                 process heater.    of this chapter, or
                                                    ASTM Method D6784\a\
                                                    or equivalent.
4. TSM........................  a. Collect fuel    Procedure in Sec.
                                 samples.           63.7521(c) or ASTM
                                                    D5192\a\, or ASTM
                                                    D7430\a\, or ASTM
                                                    D6883\a\, or ASTM
                                                    D2234/D2234M\a\ (for
                                                    coal) or ASTM
                                                    D6323\a\ (for coal
                                                    or biomass), or ASTM
                                                    D4177\a\, (for
                                                    liquid fuels), or
                                                    ASTM D4057\a\ (for
                                                    liquid fuels), or
                                                    equivalent.
                                b. Composite fuel  Procedure in Sec.
                                 samples.           63.7521(d) or
                                                    equivalent.
                                c. Prepare         EPA SW-846-3050B\a\
                                 composited fuel    (for solid samples),
                                 samples.           ASTM D2013/D2013M\a\
                                                    (for coal), ASTM
                                                    D5198\a\ or TAPPI
                                                    T266\a\ (for
                                                    biomass), or EPA
                                                    3050\a\ or
                                                    equivalent.
                                d. Determine heat  ASTM D5865\a\ (for
                                 content of the     coal) or ASTM
                                 fuel type.         E711\a\ (for
                                                    biomass), or ASTM
                                                    D5864\a\ for liquids
                                                    and other solids, or
                                                    ASTM D240\a\ or
                                                    equivalent.
                                e. Determine       ASTM D3173\a\ or ASTM
                                 moisture content   E871\a\, or
                                 of the fuel type.  D5864\a\, or ASTM
                                                    D240\a\, or ASTM
                                                    D95\a\ (for liquid
                                                    fuels), or ASTM
                                                    D4006\a\ (for liquid
                                                    fuels), or ASTM
                                                    D4177\a\ (for liquid
                                                    fuels) or ASTM
                                                    D4057\a\ (for liquid
                                                    fuels), or
                                                    equivalent.
                                f. Measure TSM     ASTM D3683\a\, or
                                 concentration in   ASTM D4606\a\, or
                                 fuel sample.       ASTM D6357\a\ or EPA
                                                    200.8\a\ or EPA SW-
                                                    846-6020\a\, or EPA
                                                    SW-846-6020A\a\, or
                                                    EPA SW-846-6010C\a\,
                                                    EPA 7060\a\ or EPA
                                                    7060A\a\ (for
                                                    arsenic only), or
                                                    EPA SW-846-7740\a\
                                                    (for selenium only).
                                g. Convert         For fuel mixtures use
                                 concentrations     Equation 9 in Sec.
                                 into units of      63.7530.
                                 pounds of TSM
                                 per MMBtu of
                                 heat content.
------------------------------------------------------------------------
\a\ Incorporated by reference, see Sec.   63.14.


[83 FR 56725, Nov. 14, 2018]



Sec. Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits 
                                  \a b\

    As stated in Sec.  63.7520, you must comply with the following 
requirements for establishing operating limits:

                    Table 7 to Subpart DDDDD of Part 63--Establishing Operating Limits \a b\
----------------------------------------------------------------------------------------------------------------
                                  And your operating                                           According to the
    If you have an applicable      limits are based     You must . . .        Using . . .          following
    emission limit for . . .           on . . .                                                  requirements
----------------------------------------------------------------------------------------------------------------
1. PM, TSM, or mercury..........  a. Wet scrubber     i. Establish a      (1) Data from the   (a) You must
                                   operating           site-specific       scrubber pressure   collect scrubber
                                   parameters.         minimum scrubber    drop and liquid     pressure drop and
                                                       pressure drop and   flow rate           liquid flow rate
                                                       minimum flow rate   monitors and the    data every 15
                                                       operating limit     PM, TSM, or         minutes during
                                                       according to Sec.   mercury             the entire period
                                                         63.7530(b).       performance test.   of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               lowest hourly
                                                                                               average scrubber
                                                                                               pressure drop and
                                                                                               liquid flow rate
                                                                                               by computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.

[[Page 215]]

 
                                  b. Electrostatic    i. Establish a      (1) Data from the   (a) You must
                                   precipitator        site-specific       voltage and         collect secondary
                                   operating           minimum total       secondary           voltage and
                                   parameters          secondary           amperage monitors   secondary
                                   (option only for    electric power      during the PM or    amperage for each
                                   units that          input according     mercury             ESP cell and
                                   operate wet         to Sec.             performance test.   calculate total
                                   scrubbers).         63.7530(b).                             secondary
                                                                                               electric power
                                                                                               input data every
                                                                                               15 minutes during
                                                                                               the entire period
                                                                                               of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               average total
                                                                                               secondary
                                                                                               electric power
                                                                                               input by
                                                                                               computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                  c. Opacity........  i. Establish a      (1) Data from the   (a) You must
                                                       site-specific       opacity             collect opacity
                                                       maximum opacity     monitoring system   readings every 15
                                                       level.              during the PM       minutes during
                                                                           performance test.   the entire period
                                                                                               of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               average hourly
                                                                                               opacity reading
                                                                                               for each
                                                                                               performance test
                                                                                               run by computing
                                                                                               the hourly
                                                                                               averages using
                                                                                               all of the 15-
                                                                                               minute readings
                                                                                               taken during each
                                                                                               performance test
                                                                                               run.
                                                                                              (c) Determine the
                                                                                               highest hourly
                                                                                               average opacity
                                                                                               reading measured
                                                                                               during the test
                                                                                               run demonstrating
                                                                                               compliance with
                                                                                               the PM (or TSM)
                                                                                               emission
                                                                                               limitation.
2. HCl..........................  a. Wet scrubber     i. Establish site-  (1) Data from the   (a) You must
                                   operating           specific minimum    pH and liquid       collect pH and
                                   parameters.         effluent pH and     flow-rate           liquid flow-rate
                                                       flow rate           monitors and the    data every 15
                                                       operating limits    HCl performance     minutes during
                                                       according to Sec.   test.               the entire period
                                                         63.7530(b).                           of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               hourly average pH
                                                                                               and liquid flow
                                                                                               rate by computing
                                                                                               the hourly
                                                                                               averages using
                                                                                               all of the 15-
                                                                                               minute readings
                                                                                               taken during each
                                                                                               performance test.

[[Page 216]]

 
                                  b. Dry scrubber     i. Establish a      (1) Data from the   (a) You must
                                   operating           site-specific       sorbent injection   collect sorbent
                                   parameters.         minimum sorbent     rate monitors and   injection rate
                                                       injection rate      HCl or mercury      data every 15
                                                       operating limit     performance test.   minutes during
                                                       according to Sec.                       the entire period
                                                         63.7530(b). If                        of the
                                                       different acid                          performance
                                                       gas sorbents are                        tests.
                                                       used during the                        (b) Determine the
                                                       HCl performance                         hourly average
                                                       test, the average                       sorbent injection
                                                       value for each                          rate by computing
                                                       sorbent becomes                         the hourly
                                                       the site-specific                       averages using
                                                       operating limit                         all of the 15-
                                                       for that sorbent.                       minute readings
                                                                                               taken during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               lowest hourly
                                                                                               average of the
                                                                                               three test run
                                                                                               averages
                                                                                               established
                                                                                               during the
                                                                                               performance test
                                                                                               as your operating
                                                                                               limit. When your
                                                                                               unit operates at
                                                                                               lower loads,
                                                                                               multiply your
                                                                                               sorbent injection
                                                                                               rate by the load
                                                                                               fraction, as
                                                                                               defined in Sec.
                                                                                               63.7575, to
                                                                                               determine the
                                                                                               required
                                                                                               injection rate.
                                  c. Alternative      i. Establish a      (1) Data from SO2   (a) You must
                                   Maximum             site-specific       CEMS and the HCl    collect the SO2
                                   SO2emission rate.   maximum             performance test.   emissions data
                                                       SO2emission rate                        according to Sec.
                                                       operating limit                           63.7525(m)
                                                       according to Sec.                       during the most
                                                         63.7530(b).                           recent HCl
                                                                                               performance
                                                                                               tests.
                                                                                              (b) The maximum
                                                                                               SO2emission rate
                                                                                               is equal to the
                                                                                               highest hourly
                                                                                               average
                                                                                               SO2emission rate
                                                                                               measured during
                                                                                               the most recent
                                                                                               HCl performance
                                                                                               tests.

[[Page 217]]

 
3. Mercury......................  a. Activated        i. Establish a      (1) Data from the   (a) You must
                                   carbon injection.   site-specific       activated carbon    collect activated
                                                       minimum activated   rate monitors and   carbon injection
                                                       carbon injection    mercury             rate data every
                                                       rate operating      performance test.   15 minutes during
                                                       limit according                         the entire period
                                                       to Sec.                                 of the
                                                       63.7530(b).                             performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               hourly average
                                                                                               activated carbon
                                                                                               injection rate by
                                                                                               computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               lowest hourly
                                                                                               average
                                                                                               established
                                                                                               during the
                                                                                               performance test
                                                                                               as your operating
                                                                                               limit. When your
                                                                                               unit operates at
                                                                                               lower loads,
                                                                                               multiply your
                                                                                               activated carbon
                                                                                               injection rate by
                                                                                               the load
                                                                                               fraction, as
                                                                                               defined in Sec.
                                                                                               63.7575, to
                                                                                               determine the
                                                                                               required
                                                                                               injection rate.
4. Carbon monoxide for which      a. Oxygen.........  i. Establish a      (1) Data from the   (a) You must
 compliance is demonstrated by a                       unit-specific       oxygen analyzer     collect oxygen
 performance test.                                     limit for minimum   system specified    data every 15
                                                       oxygen level        in Sec.             minutes during
                                                       according to Sec.   63.7525(a).         the entire period
                                                         63.7530(b).                           of the
                                                                                               performance
                                                                                               tests.
                                                                                              (b) Determine the
                                                                                               hourly average
                                                                                               oxygen
                                                                                               concentration by
                                                                                               computing the
                                                                                               hourly averages
                                                                                               using all of the
                                                                                               15-minute
                                                                                               readings taken
                                                                                               during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               lowest hourly
                                                                                               average
                                                                                               established
                                                                                               during the
                                                                                               performance test
                                                                                               as your minimum
                                                                                               operating limit.

[[Page 218]]

 
5. Any pollutant for which        a. Boiler or        i. Establish a      (1) Data from the   (a) You must
 compliance is demonstrated by a   process heater      unit specific       operating load      collect operating
 performance test.                 operating load.     limit for maximum   monitors or from    load or steam
                                                       operating load      steam generation    generation data
                                                       according to Sec.   monitors.           every 15 minutes
                                                         63.7520(c).                           during the entire
                                                                                               period of the
                                                                                               performance test.
                                                                                              (b) Determine the
                                                                                               average operating
                                                                                               load by computing
                                                                                               the hourly
                                                                                               averages using
                                                                                               all of the 15-
                                                                                               minute readings
                                                                                               taken during each
                                                                                               performance test.
                                                                                              (c) Determine the
                                                                                               highest hourly
                                                                                               average of the
                                                                                               three test run
                                                                                               averages during
                                                                                               the performance
                                                                                               test, and
                                                                                               multiply this by
                                                                                               1.1 (110 percent)
                                                                                               as your operating
                                                                                               limit.
----------------------------------------------------------------------------------------------------------------
\a\ Operating limits must be confirmed or reestablished during performance tests.
\b\ If you conduct multiple performance tests, you must set the minimum liquid flow rate and pressure drop
  operating limits at the higher of the minimum values established during the performance tests. For a minimum
  oxygen level, if you conduct multiple performance tests, you must set the minimum oxygen level at the lower of
  the minimum values established during the performance tests.


[80 FR 72827, Nov. 20, 2015]



   Sec. Table 8 to Subpart DDDDD of Part 63--Demonstrating Continuous 
                               Compliance

    As stated in Sec.  63.7540, you must show continuous compliance with 
the emission limitations for each boiler or process heater according to 
the following:

------------------------------------------------------------------------
     If you must meet the
following operating limits or       You must demonstrate continuous
work practice standards . . .             compliance by . . .
------------------------------------------------------------------------
1. Opacity...................  a. Collecting the opacity monitoring
                                system data according to Sec.
                                63.7525(c) and Sec.   63.7535; and
                               b. Reducing the opacity monitoring data
                                to 6-minute averages; and
                               c. Maintaining daily block average
                                opacity to less than or equal to 10
                                percent or the highest hourly average
                                opacity reading measured during the
                                performance test run demonstrating
                                compliance with the PM (or TSM) emission
                                limitation.
2. PM CPMS...................  a. Collecting the PM CPMS output data
                                according to Sec.   63.7525;
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                PM CPMS output data to less than the
                                operating limit established during the
                                performance test according to Sec.
                                63.7530(b)(4).
3. Fabric Filter Bag Leak      Installing and operating a bag leak
 Detection Operation.           detection system according to Sec.
                                63.7525 and operating the fabric filter
                                such that the requirements in Sec.
                                63.7540(a)(7) are met.
4. Wet Scrubber Pressure Drop  a. Collecting the pressure drop and
 and Liquid Flow-rate.          liquid flow rate monitoring system data
                                according to Sec.  Sec.   63.7525 and
                                63.7535; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                pressure drop and liquid flow-rate at or
                                above the operating limits established
                                during the performance test according to
                                Sec.   63.7530(b).
5. Wet Scrubber pH...........  a. Collecting the pH monitoring system
                                data according to Sec.  Sec.   63.7525
                                and 63.7535; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                pH at or above the operating limit
                                established during the performance test
                                according to Sec.   63.7530(b).
6. Dry Scrubber Sorbent or     a. Collecting the sorbent or carbon
 Carbon Injection Rate.         injection rate monitoring system data
                                for the dry scrubber according to Sec.
                                Sec.   63.7525 and 63.7535; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                sorbent or carbon injection rate at or
                                above the minimum sorbent or carbon
                                injection rate as defined in Sec.
                                63.7575.

[[Page 219]]

 
7. Electrostatic Precipitator  a. Collecting the total secondary
 Total Secondary Electric       electric power input monitoring system
 Power Input.                   data for the electrostatic precipitator
                                according to Sec.  Sec.   63.7525 and
                                63.7535; and
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                total secondary electric power input at
                                or above the operating limits
                                established during the performance test
                                according to Sec.   63.7530(b).
8. Emission limits using fuel  a. Conduct monthly fuel analysis for HCl
 analysis.                      or mercury or TSM according to Table 6
                                to this subpart; and
                               b. Reduce the data to 12-month rolling
                                averages; and
                               c. Maintain the 12-month rolling average
                                at or below the applicable emission
                                limit for HCl or mercury or TSM in
                                Tables 1 and 2 or 11 through 13 to this
                                subpart.
                               d. Calculate the HCI, mercury, and/or TSM
                                emission rate from the boiler or process
                                heater in units of lb/MMBtu using
                                Equation 15 and Equations 17, 18, and/or
                                19 in Sec.   63.7530.
9. Oxygen content............  a. Continuously monitor the oxygen
                                content using an oxygen analyzer system
                                according to Sec.   63.7525(a). This
                                requirement does not apply to units that
                                install an oxygen trim system since
                                these units will set the trim system to
                                the level specified in Sec.
                                63.7525(a)(7).
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintain the 30-day rolling average
                                oxygen content at or above the lowest
                                hourly average oxygen level measured
                                during the CO performance test.
10. Boiler or process heater   a. Collecting operating load data or
 operating load.                steam generation data every 15 minutes.
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                operating load such that it does not
                                exceed 110 percent of the highest hourly
                                average operating load recorded during
                                the performance test according to Sec.
                                63.7520(c).
11. SO2 emissions using SO2    a. Collecting the SO2 CEMS output data
 CEMS.                          according to Sec.   63.7525;
                               b. Reducing the data to 30-day rolling
                                averages; and
                               c. Maintaining the 30-day rolling average
                                SO2 CEMS emission rate to a level at or
                                below the highest hourly SO2 rate
                                measured during the HCl performance test
                                according to Sec.   63.7530.
------------------------------------------------------------------------


[78 FR 7204, Jan. 31, 2013, as amended at 80 FR 72829, Nov. 20, 2015]



    Sec. Table 9 to Subpart DDDDD of Part 63--Reporting Requirements

    As stated in Sec.  63.7550, you must comply with the following 
requirements for reports:

----------------------------------------------------------------------------------------------------------------
                                                                                      You must submit the report
          You must submit a(n)                   The report must contain . . .                   . . .
----------------------------------------------------------------------------------------------------------------
1. Compliance report....................  a. Information required in Sec.             Semiannually, annually,
                                           63.7550(c)(1) through (5); and              biennially, or every 5
                                                                                       years according to the
                                                                                       requirements in Sec.
                                                                                       63.7550(b).
                                          b. If there are no deviations from any
                                           emission limitation (emission limit and
                                           operating limit) that applies to you and
                                           there are no deviations from the
                                           requirements for work practice standards
                                           for periods of startup and shutdown in
                                           Table 3 to this subpart that apply to
                                           you, a statement that there were no
                                           deviations from the emission limitations
                                           and work practice standards during the
                                           reporting period. If there were no
                                           periods during which the CMSs, including
                                           continuous emissions monitoring system,
                                           continuous opacity monitoring system, and
                                           operating parameter monitoring systems,
                                           were out-of-control as specified in Sec.
                                            63.8(c)(7), a statement that there were
                                           no periods during which the CMSs were out-
                                           of-control during the reporting period;
                                           and
                                          c. If you have a deviation from any
                                           emission limitation (emission limit and
                                           operating limit) where you are not using
                                           a CMS to comply with that emission limit
                                           or operating limit, or a deviation from a
                                           work practice standard for periods of
                                           startup and shutdown, during the
                                           reporting period, the report must contain
                                           the information in Sec.   63.7550(d); and
                                          d. If there were periods during which the
                                           CMSs, including continuous emissions
                                           monitoring system, continuous opacity
                                           monitoring system, and operating
                                           parameter monitoring systems, were out-of-
                                           control as specified in Sec.
                                           63.8(c)(7), or otherwise not operating,
                                           the report must contain the information
                                           in Sec.   63.7550(e).
----------------------------------------------------------------------------------------------------------------


[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7205, Jan. 31, 2013; 80 
FR 72830, Nov. 20, 2015]

[[Page 220]]



  Sec. Table 10 to Subpart DDDDD of Part 63--Applicability of General 
                       Provisions to Subpart DDDDD

    As stated in Sec.  63.7565, you must comply with the applicable 
General Provisions according to the following:

------------------------------------------------------------------------
                                                           Applies to
           Citation                     Subject           subpart DDDDD
------------------------------------------------------------------------
Sec.   63.1...................  Applicability.........  Yes.
Sec.   63.2...................  Definitions...........  Yes. Additional
                                                         terms defined
                                                         in Sec.
                                                         63.7575
Sec.   63.3...................  Units and               Yes.
                                 Abbreviations.
Sec.   63.4...................  Prohibited Activities   Yes.
                                 and Circumvention.
Sec.   63.5...................  Preconstruction Review  Yes.
                                 and Notification
                                 Requirements.
Sec.   63.6(a), (b)(1)-(b)(5),  Compliance with         Yes.
 (b)(7), (c).                    Standards and
                                 Maintenance
                                 Requirements.
Sec.   63.6(e)(1)(i)..........  General duty to         No. See Sec.
                                 minimize emissions..    63.7500(a)(3)
                                                         for the general
                                                         duty
                                                         requirement.
Sec.   63.6(e)(1)(ii).........  Requirement to correct  No.
                                 malfunctions as soon
                                 as practicable..
Sec.   63.6(e)(3).............  Startup, shutdown, and  No.
                                 malfunction plan
                                 requirements..
Sec.   63.6(f)(1).............  Startup, shutdown, and  No.
                                 malfunction
                                 exemptions for
                                 compliance with non-
                                 opacity emission
                                 standards..
Sec.   63.6(f)(2) and (3).....  Compliance with non-    Yes.
                                 opacity emission
                                 standards..
Sec.   63.6(g)................  Use of alternative      Yes, except Sec.
                                 standards.
                                                         63.7555(d)(13)
                                                         specifies the
                                                         procedure for
                                                         application and
                                                         approval of an
                                                         alternative
                                                         timeframe with
                                                         the PM controls
                                                         requirement in
                                                         the startup
                                                         work practice
                                                         (2).
Sec.   63.6(h)(1).............  Startup, shutdown, and  No. See Sec.
                                 malfunction             63.7500(a).
                                 exemptions to opacity
                                 standards..
Sec.   63.6(h)(2) to (h)(9)...  Determining compliance  No. Subpart
                                 with opacity emission   DDDDD specifies
                                 standards.              opacity as an
                                                         operating limit
                                                         not an emission
                                                         standard.
Sec.   63.6(i)................  Extension of            Yes. Note:
                                 compliance.             Facilities may
                                                         also request
                                                         extensions of
                                                         compliance for
                                                         the
                                                         installation of
                                                         combined heat
                                                         and power,
                                                         waste heat
                                                         recovery, or
                                                         gas pipeline or
                                                         fuel feeding
                                                         infrastructure
                                                         as a means of
                                                         complying with
                                                         this subpart.
Sec.   63.6(j)................  Presidential            Yes.
                                 exemption..
Sec.   63.7(a), (b), (c), and   Performance Testing     Yes.
 (d).                            Requirements.
Sec.   63.7(e)(1).............  Conditions for          No. Subpart
                                 conducting              DDDDD specifies
                                 performance tests.      conditions for
                                                         conducting
                                                         performance
                                                         tests at Sec.
                                                         63.7520(a) to
                                                         (c).
Sec.   63.7(e)(2)-(e)(9), (f),  Performance Testing     Yes.
 (g), and (h).                   Requirements.
Sec.   63.8(a) and (b)........  Applicability and       Yes.
                                 Conduct of Monitoring.
Sec.   63.8(c)(1).............  Operation and           Yes.
                                 maintenance of CMS.
Sec.   63.8(c)(1)(i)..........  General duty to         No. See Sec.
                                 minimize emissions      63.7500(a)(3).
                                 and CMS operation.
Sec.   63.8(c)(1)(ii).........  Operation and           Yes.
                                 maintenance of CMS.
Sec.   63.8(c)(1)(iii)........  Startup, shutdown, and  No.
                                 malfunction plans for
                                 CMS.
Sec.   63.8(c)(2) to (c)(9)...  Operation and           Yes.
                                 maintenance of CMS.
Sec.   63.8(d)(1) and (2).....  Monitoring              Yes.
                                 Requirements, Quality
                                 Control Program.
Sec.   63.8(d)(3).............  Written procedures for  Yes, except for
                                 CMS.                    the last
                                                         sentence, which
                                                         refers to a
                                                         startup,
                                                         shutdown, and
                                                         malfunction
                                                         plan. Startup,
                                                         shutdown, and
                                                         malfunction
                                                         plans are not
                                                         required.
Sec.   63.8(e)................  Performance evaluation  Yes.
                                 of a CMS.
Sec.   63.8(f)................  Use of an alternative   Yes.
                                 monitoring method..
Sec.   63.8(g)................  Reduction of            Yes.
                                 monitoring data.
Sec.   63.9...................  Notification            Yes.
                                 Requirements.
Sec.   63.10(a), (b)(1).......  Recordkeeping and       Yes.
                                 Reporting
                                 Requirements.
Sec.   63.10(b)(2)(i).........  Recordkeeping of        Yes.
                                 occurrence and
                                 duration of startups
                                 or shutdowns.

[[Page 221]]

 
Sec.   63.10(b)(2)(ii)........  Recordkeeping of        No. See Sec.
                                 malfunctions.           63.7555(d)(7)
                                                         for
                                                         recordkeeping
                                                         of occurrence
                                                         and duration
                                                         and Sec.
                                                         63.7555(d)(8)
                                                         for actions
                                                         taken during
                                                         malfunctions.
Sec.   63.10(b)(2)(iii).......  Maintenance records...  Yes.
Sec.   63.10(b)(2)(iv) and (v)  Actions taken to        No.
                                 minimize emissions
                                 during startup,
                                 shutdown, or
                                 malfunction.
Sec.   63.10(b)(2)(vi)........  Recordkeeping for CMS   Yes.
                                 malfunctions.
Sec.   63.10(b)(2)(vii) to      Other CMS requirements  Yes.
 (xiv).
Sec.   63.10(b)(3)............  Recordkeeping           No.
                                 requirements for
                                 applicability
                                 determinations.
Sec.   63.10(c)(1) to (9).....  Recordkeeping for       Yes.
                                 sources with CMS.
Sec.   63.10(c)(10) and (11)..  Recording nature and    No. See Sec.
                                 cause of                63.7555(d)(7)
                                 malfunctions, and       for
                                 corrective actions.     recordkeeping
                                                         of occurrence
                                                         and duration
                                                         and Sec.
                                                         63.7555(d)(8)
                                                         for actions
                                                         taken during
                                                         malfunctions.
Sec.   63.10(c)(12) and (13)..  Recordkeeping for       Yes.
                                 sources with CMS.
Sec.   63.10(c)(15)...........  Use of startup,         No.
                                 shutdown, and
                                 malfunction plan.
Sec.   63.10(d)(1) and (2)....  General reporting       Yes.
                                 requirements.
Sec.   63.10(d)(3)............  Reporting opacity or    No.
                                 visible emission
                                 observation results.
Sec.   63.10(d)(4)............  Progress reports under  Yes.
                                 an extension of
                                 compliance.
Sec.   63.10(d)(5)............  Startup, shutdown, and  No. See Sec.
                                 malfunction reports.    63.7550(c)(11)
                                                         for malfunction
                                                         reporting
                                                         requirements.
Sec.   63.10(e)...............  Additional reporting    Yes.
                                 requirements for
                                 sources with CMS.
Sec.   63.10(f)...............  Waiver of               Yes.
                                 recordkeeping or
                                 reporting
                                 requirements.
Sec.   63.11..................  Control Device          No.
                                 Requirements.
Sec.   63.12..................  State Authority and     Yes.
                                 Delegation.
Sec.   63.13-63.16............  Addresses,              Yes.
                                 Incorporation by
                                 Reference,
                                 Availability of
                                 Information,
                                 Performance Track
                                 Provisions.
Sec.   63.1(a)(5),(a)(7)-       Reserved..............  No.
 (a)(9), (b)(2), (c)(3)-(4),
 (d), 63.6(b)(6), (c)(3),
 (c)(4), (d), (e)(2),
 (e)(3)(ii), (h)(3),
 (h)(5)(iv), 63.8(a)(3),
 63.9(b)(3), (h)(4),
 63.10(c)(2)-(4), (c)(9)..
------------------------------------------------------------------------


[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7205, Jan. 31, 2013; 80 
FR 72830, Nov. 20, 2015]



 Sec. Table 11 to Subpart DDDDD of Part 63--Alternative Emission Limits 
  for New or Reconstructed Boilers and Process Heaters That Commenced 
 Construction or Reconstruction After June 4, 2010, and Before May 20, 
                                  2011

----------------------------------------------------------------------------------------------------------------
                                                             The emissions must not
                                                              exceed the following
If your boiler or process heater is     For the following       emission limits,         Using this specified
     in this subcategory . . .          pollutants . . .      except during periods  sampling volume or test run
                                                                 of startup and             duration . . .
                                                                 shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories        a. HCl................  0.022 lb per MMBtu of   For M26A, collect a minimum
 designed to burn solid fuel.                                 heat input.             of 1 dscm per run; for M26
                                                                                      collect a minimum of 120
                                                                                      liters per run.
2. Units in all subcategories        a. Mercury............  8.0E-07 \a\ lb per      For M29, collect a minimum
 designed to burn solid fuel that                             MMBtu of heat input.    of 4 dscm per run; for
 combust at least 10 percent                                                          M30A or M30B, collect a
 biomass/bio-based solids on an                                                       minimum sample as
 annual heat input basis and less                                                     specified in the method;
 than 10 percent coal/solid fossil                                                    for ASTM D6784 \b\ collect
 fuels on an annual heat input                                                        a minimum of 4 dscm.
 basis.

[[Page 222]]

 
3. Units in all subcategories        a. Mercury............  2.0E-06 lb per MMBtu    For M29, collect a minimum
 designed to burn solid fuel that                             of heat input.          of 4 dscm per run; for
 combust at least 10 percent coal/                                                    M30A or M30B, collect a
 solid fossil fuels on an annual                                                      minimum sample as
 heat input basis and less than 10                                                    specified in the method;
 percent biomass/bio-based solids                                                     for ASTM D6784 \b\ collect
 on an annual heat input basis.                                                       a minimum of 4 dscm.
4. Units design to burn coal/solid   a. Filterable PM (or    1.1E-03 lb per MMBtu    Collect a minimum of 3 dscm
 fossil fuel.                         TSM).                   of heat input; or       per run.
                                                              (2.3E-05 lb per MMBtu
                                                              of heat input).
5. Pulverized coal boilers designed  a. Carbon monoxide      130 ppm by volume on a  1 hr minimum sampling time.
 to burn coal/solid fossil fuel.      (CO) (or CEMS).         dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average; or
                                                              (320 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 30-day
                                                              rolling average).
6. Stokers designed to burn coal/    a. CO (or CEMS).......  130 ppm by volume on a  1 hr minimum sampling time.
 solid fossil fuel.                                           dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average; or
                                                              (340 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 10-day
                                                              rolling average).
7. Fluidized bed units designed to   a. CO (or CEMS).......  130 ppm by volume on a  1 hr minimum sampling time.
 burn coal/solid fossil fuel.                                 dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average; or
                                                              (230 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 30-day
                                                              rolling average).
8. Fluidized bed units with an       a. CO (or CEMS).......  140 ppm by volume on a  1 hr minimum sampling time.
 integrated heat exchanger designed                           dry basis corrected
 to burn coal/solid fossil fuel.                              to 3 percent oxygen,
                                                              3-run average; or
                                                              (150 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 30-day
                                                              rolling average).
9. Stokers/sloped grate/others       a. CO (or CEMS).......  620 ppm by volume on a  1 hr minimum sampling time.
 designed to burn wet biomass fuel.                           dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average; or
                                                              (390 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 30-day
                                                              rolling average).
                                     b. Filterable PM (or    3.0E-02 lb per MMBtu    Collect a minimum of 2 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (2.6E-05 lb per MMBtu
                                                              of heat input).
10. Stokers/sloped grate/others      a. CO.................  560 ppm by volume on a  1 hr minimum sampling time.
 designed to burn kiln-dried                                  dry basis corrected
 biomass fuel.                                                to 3 percent oxygen,
                                                              3-run average.

[[Page 223]]

 
                                     b. Filterable PM (or    3.0E-02 lb per MMBtu    Collect a minimum of 2 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (4.0E-03 lb per MMBtu
                                                              of heat input).
11. Fluidized bed units designed to  a. CO (or CEMS).......  230 ppm by volume on a  1 hr minimum sampling time.
 burn biomass/bio-based solids.                               dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average; or
                                                              (310 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 30-day
                                                              rolling average).
                                     b. Filterable PM (or    9.8E-03 lb per MMBtu    Collect a minimum of 3 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (8.3E-05 \a\ lb per
                                                              MMBtu of heat input).
12. Suspension burners designed to   a. CO (or CEMS).......  2,400 ppm by volume on  1 hr minimum sampling time.
 burn biomass/bio-based solids.                               a dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average; or
                                                              (2,000 ppm by volume
                                                              on a dry basis
                                                              corrected to 3
                                                              percent oxygen,\c\ 10-
                                                              day rolling average).
                                     b. Filterable PM (or    3.0E-02 lb per MMBtu    Collect a minimum of 2 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (6.5E-03 lb per MMBtu
                                                              of heat input).
13. Dutch Ovens/Pile burners         a. CO (or CEMS).......  1,010 ppm by volume on  1 hr minimum sampling time.
 designed to burn biomass/bio-based                           a dry basis corrected
 solids.                                                      to 3 percent oxygen,
                                                              3-run average; or
                                                              (520 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 10-day
                                                              rolling average).
                                     b. Filterable PM (or    8.0E-03 lb per MMBtu    Collect a minimum of 3 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (3.9E-05 lb per MMBtu
                                                              of heat input).
14. Fuel cell units designed to      a. CO.................  910 ppm by volume on a  1 hr minimum sampling time.
 burn biomass/bio-based solids.                               dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average.
                                     b. Filterable PM (or    2.0E-02 lb per MMBtu    Collect a minimum of 2 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (2.9E-05 lb per MMBtu
                                                              of heat input).
15. Hybrid suspension grate boiler   a. CO (or CEMS).......  1,100 ppm by volume on  1 hr minimum sampling time.
 designed to burn biomass/bio-based                           a dry basis corrected
 solids.                                                      to 3 percent oxygen,
                                                              3-run average; or
                                                              (900 ppm by volume on
                                                              a dry basis corrected
                                                              to 3 percent
                                                              oxygen,\c\ 30-day
                                                              rolling average).
                                     b. Filterable PM (or    2.6E-02 lb per MMBtu    Collect a minimum of 3 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (4.4E-04 lb per MMBtu
                                                              of heat input).
16. Units designed to burn liquid    a. HCl................  4.4E-04 lb per MMBtu    For M26A: Collect a minimum
 fuel.                                                        of heat input.          of 2 dscm per run; for
                                                                                      M26, collect a minimum of
                                                                                      240 liters per run.

[[Page 224]]

 
                                     b. Mercury............  4.8E-07 \a\ lb per      For M29, collect a minimum
                                                              MMBtu of heat input.    of 4 dscm per run; for
                                                                                      M30A or M30B, collect a
                                                                                      minimum sample as
                                                                                      specified in the method;
                                                                                      for ASTM D6784 \b\ collect
                                                                                      a minimum of 4 dscm.
17. Units designed to burn heavy     a. CO.................  130 ppm by volume on a  1 hr minimum sampling time.
 liquid fuel.                                                 dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average.
                                     b. Filterable PM (or    1.3E-02 lb per MMBtu    Collect a minimum of 3 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (7.5E-05 lb per MMBtu
                                                              of heat input).
18. Units designed to burn light     a. CO.................  130 ppm by volume on a  1 hr minimum sampling time.
 liquid fuel.                                                 dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average.
                                     b. Filterable PM (or    2.0E-03 \a\ lb per      Collect a minimum of 3 dscm
                                      TSM).                   MMBtu of heat input;    per run.
                                                              or (2.9E-05 lb per
                                                              MMBtu of heat input).
19. Units designed to burn liquid    a. CO.................  130 ppm by volume on a  1 hr minimum sampling time.
 fuel that are non-continental                                dry basis corrected
 units.                                                       to 3 percent oxygen,
                                                              3-run average based
                                                              on stack test.
                                     b. Filterable PM (or    2.3E-02 lb per MMBtu    Collect a minimum of 4 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (8.6E-04 lb per MMBtu
                                                              of heat input).
20. Units designed to burn gas 2     a. CO.................  130 ppm by volume on a  1 hr minimum sampling time.
 (other) gases.                                               dry basis corrected
                                                              to 3 percent oxygen,
                                                              3-run average.
                                     b. HCl................  1.7E-03 lb per MMBtu    For M26A, Collect a minimum
                                                              of heat input.          of 2 dscm per run; for
                                                                                      M26, collect a minimum of
                                                                                      240 liters per run.
                                     c. Mercury............  7.9E-06 lb per MMBtu    For M29, collect a minimum
                                                              of heat input.          of 3 dscm per run; for
                                                                                      M30A or M30B, collect a
                                                                                      minimum sample as
                                                                                      specified in the method;
                                                                                      for ASTM D6784 \b\ collect
                                                                                      a minimum of 3 dscm.
                                     d. Filterable PM (or    6.7E-03 lb per MMBtu    Collect a minimum of 3 dscm
                                      TSM).                   of heat input; or       per run.
                                                              (2.1E-04 lb per MMBtu
                                                              of heat input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provision of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may request an alternative test method under Sec.   63.7 of this chapter, in order that
  compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
  in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
  appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
  that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
  for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
  scrubber media, etc.


[80 FR 72831, Nov. 20, 2015]

[[Page 225]]



 Sec. Table 12 to Subpart DDDDD of Part 63--Alternative Emission Limits 
  for New or Reconstructed Boilers and Process Heaters That Commenced 
 Construction or Reconstruction After May 20, 2011, and Before December 
                                23, 2011

----------------------------------------------------------------------------------------------------------------
                                                             The emissions must not
                                                              exceed the following        Using this specified
 If your boiler or process heater     For the following      emission limits, except    sampling volume or test
   is in this subcategory . . .        pollutants . . .     during periods of startup      run duration . . .
                                                               and shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories       a. HCl...............  0.022 lb per MMBtu of heat  For M26A, collect a
 designed to burn solid fuel.                               input.                      minimum of 1 dscm per
                                                                                        run; for M26 collect a
                                                                                        minimum of 120 liters
                                                                                        per run.
                                    b. Mercury...........  3.5E-06 \a\ lb per MMBtu    For M29, collect a
                                                            of heat input.              minimum of 3 dscm per
                                                                                        run; for M30A or M30B,
                                                                                        collect a minimum sample
                                                                                        as specified in the
                                                                                        method; for ASTM D6784
                                                                                        \b\ collect a minimum of
                                                                                        3 dscm.
2. Units design to burn coal/solid  a. Filterable PM (or   1.1E-03 lb per MMBtu of     Collect a minimum of 3
 fossil fuel.                        TSM).                  heat input; or (2.3E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
3. Pulverized coal boilers          a. Carbon monoxide     130 ppm by volume on a dry  1 hr minimum sampling
 designed to burn coal/solid         (CO) (or CEMS).        basis corrected to 3        time.
 fossil fuel.                                               percent oxygen, 3-run
                                                            average; or (320 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 30-day rolling
                                                            average).
4. Stokers designed to burn coal/   a. CO (or CEMS)......  130 ppm by volume on a dry  1 hr minimum sampling
 solid fossil fuel.                                         basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (340 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 10-day rolling
                                                            average).
5. Fluidized bed units designed to  a. CO (or CEMS)......  130 ppm by volume on a dry  1 hr minimum sampling
 burn coal/solid fossil fuel.                               basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (230 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 30-day rolling
                                                            average).
6. Fluidized bed units with an      a. CO (or CEMS)......  140 ppm by volume on a dry  1 hr minimum sampling
 integrated heat exchanger                                  basis corrected to 3        time.
 designed to burn coal/solid                                percent oxygen, 3-run
 fossil fuel.                                               average; or (150 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 30-day rolling
                                                            average).
7. Stokers/sloped grate/others      a. CO (or CEMS)......  620 ppm by volume on a dry  1 hr minimum sampling
 designed to burn wet biomass fuel.                         basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (390 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 30-day rolling
                                                            average).
                                    b. Filterable PM (or   3.0E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (2.6E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
8. Stokers/sloped grate/others      a. CO................  460 ppm by volume on a dry  1 hr minimum sampling
 designed to burn kiln-dried        b. Filterable PM (or    basis corrected to 3        time.
 biomass fuel.                       TSM).                  percent oxygen, 3-run      Collect a minimum of 2
                                                            average.                    dscm per run.
                                                           3.0E-02 lb per MMBtu of
                                                            heat input; or (4.0E-03
                                                            lb per MMBtu of heat
                                                            input).
9. Fluidized bed units designed to  a. CO (or CEMS)......  260 ppm by volume on a dry  1 hr minimum sampling
 burn biomass/bio-based solids.                             basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average; or (310 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 30-day rolling
                                                            average).
                                    b. Filterable PM (or   9.8E-03 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (8.3E-05     dscm per run.
                                                            \a\ lb per MMBtu of heat
                                                            input).
10. Suspension burners designed to  a. CO (or CEMS)......  2,400 ppm by volume on a    1 hr minimum sampling
 burn biomass/bio-based solids.                             dry basis corrected to 3    time.
                                                            percent oxygen, 3-run
                                                            average; or (2,000 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 10-day rolling
                                                            average).
                                    b. Filterable PM (or   3.0E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (6.5E-03     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
11. Dutch Ovens/Pile burners        a. CO (or CEMS)......  470 ppm by volume on a dry  1 hr minimum sampling
 designed to burn biomass/bio-                              basis corrected to 3        time.
 based solids.                                              percent oxygen, 3-run
                                                            average; or (520 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 10-day rolling
                                                            average).
                                    b. Filterable PM (or   3.2E-03 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (3.9E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).

[[Page 226]]

 
12. Fuel cell units designed to     a. CO................  910 ppm by volume on a dry  1 hr minimum sampling
 burn biomass/bio-based solids.     b. Filterable PM (or    basis corrected to 3        time.
                                     TSM).                  percent oxygen, 3-run      Collect a minimum of 2
                                                            average.                    dscm per run.
                                                           2.0E-02 lb per MMBtu of
                                                            heat input; or (2.9E-05
                                                            lb per MMBtu of heat
                                                            input).
13. Hybrid suspension grate boiler  a. CO (or CEMS)......  1,500 ppm by volume on a    1 hr minimum sampling
 designed to burn biomass/bio-                              dry basis corrected to 3    time.
 based solids.                                              percent oxygen, 3-run
                                                            average; or (900 ppm by
                                                            volume on a dry basis
                                                            corrected to 3 percent
                                                            oxygen,\c\ 30-day rolling
                                                            average).
                                    b. Filterable PM (or   2.6E-02 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (4.4E-04     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
14. Units designed to burn liquid   a. HCl...............  4.4E-04 lb per MMBtu of     For M26A: Collect a
 fuel.                                                      heat input.                 minimum of 2 dscm per
                                                                                        run; for M26, collect a
                                                                                        minimum of 240 liters
                                                                                        per run.
                                    b. Mercury...........  4.8E-07 \a\ lb per MMBtu    For M29, collect a
                                                            of heat input.              minimum of 4 dscm per
                                                                                        run; for M30A or M30B,
                                                                                        collect a minimum sample
                                                                                        as specified in the
                                                                                        method; for ASTM D6784
                                                                                        \b\ collect a minimum of
                                                                                        4 dscm.
15. Units designed to burn heavy    a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 liquid fuel.                                               basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average.
                                    b. Filterable PM (or   1.3E-02 lb per MMBtu of     Collect a minimum of 2
                                     TSM).                  heat input; or (7.5E-05     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
16. Units designed to burn light    a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 liquid fuel.                                               basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average.
                                    b. Filterable PM (or   1.3E-03 \a\ lb per MMBtu    Collect a minimum of 3
                                     TSM).                  of heat input; or (2.9E-    dscm per run.
                                                            05 lb per MMBtu of heat
                                                            input).
17. Units designed to burn liquid   a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 fuel that are non-continental                              basis corrected to 3        time.
 units.                                                     percent oxygen, 3-run
                                                            average based on stack
                                                            test.
                                    b. Filterable PM (or   2.3E-02 lb per MMBtu of     Collect a minimum of 4
                                     TSM).                  heat input; or (8.6E-04     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
18. Units designed to burn gas 2    a. CO................  130 ppm by volume on a dry  1 hr minimum sampling
 (other) gases.                                             basis corrected to 3        time.
                                                            percent oxygen, 3-run
                                                            average.
                                    b. HCl...............  1.7E-03 lb per MMBtu of     For M26A, Collect a
                                                            heat input.                 minimum of 2 dscm per
                                                                                        run; for M26, collect a
                                                                                        minimum of 240 liters
                                                                                        per run.
                                    c. Mercury...........  7.9E-06 lb per MMBtu of     For M29, collect a
                                                            heat input.                 minimum of 3 dscm per
                                                                                        run; for M30A or M30B,
                                                                                        collect a minimum sample
                                                                                        as specified in the
                                                                                        method; for ASTM D6784
                                                                                        \b\ collect a minimum of
                                                                                        3 dscm.
                                    d. Filterable PM (or   6.7E-03 lb per MMBtu of     Collect a minimum of 3
                                     TSM).                  heat input; or (2.1E-04     dscm per run.
                                                            lb per MMBtu of heat
                                                            input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provision of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may request an alternative test method under Sec.   63.7 of this chapter, in order that
  compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
  in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
  appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
  that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
  for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
  scrubber media, etc.


[80 FR 72834, Nov. 20, 2015]

[[Page 227]]



 Sec. Table 13 to Subpart DDDDD of Part 63--Alternative Emission Limits 
  for New or Reconstructed Boilers and Process Heaters That Commenced 
Construction or Reconstruction After December 23, 2011, and Before April 
                                 1, 2013

----------------------------------------------------------------------------------------------------------------
                                                                       The emissions must
                                                                         not exceed the
                                                                       following emission   Using this specified
 If your boiler or process heater   For the following pollutants . .     limits, except      sampling volume or
   is in this subcategory . . .                     .                   during periods of    test run duration .
                                                                      startup and shutdown           . .
                                                                              . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories       a. HCl..........................  0.022 lb per MMBtu    For M26A, collect a
 designed to burn solid fuel.                                          of heat input.        minimum of 1 dscm
                                                                                             per run; for M26
                                                                                             collect a minimum
                                                                                             of 120 liters per
                                                                                             run.
                                    b. Mercury......................  8.6E-07 \a\ lb per    For M29, collect a
                                                                       MMBtu of heat input.  minimum of 4 dscm
                                                                                             per run; for M30A
                                                                                             or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784 \b\ collect a
                                                                                             minimum of 4 dscm.
2. Pulverized coal boilers          a. Carbon monoxide (CO) (or       130 ppm by volume on  1 hr minimum
 designed to burn coal/solid         CEMS).                            a dry basis           sampling time.
 fossil fuel.                                                          corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (320 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       30-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  1.1E-03 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     3 dscm per run.
                                                                       (2.8E-05 lb per
                                                                       MMBtu of heat
                                                                       input).
3. Stokers designed to burn coal/   a. CO (or CEMS).................  130 ppm by volume on  1 hr minimum
 solid fossil fuel.                                                    a dry basis           sampling time.
                                                                       corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (340 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       10-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  2.8E-02 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     2 dscm per run.
                                                                       (2.3E-05 lb per
                                                                       MMBtu of heat
                                                                       input).
4. Fluidized bed units designed to  a. CO (or CEMS).................  130 ppm by volume on  1 hr minimum
 burn coal/solid fossil fuel.                                          a dry basis           sampling time.
                                                                       corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (230 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       30-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  1.1E-03 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     3 dscm per run.
                                                                       (2.3E-05 lb per
                                                                       MMBtu of heat
                                                                       input).
5. Fluidized bed units with an      a. CO (or CEMS).................  140 ppm by volume on  1 hr minimum
 integrated heat exchanger                                             a dry basis           sampling time.
 designed to burn coal/solid                                           corrected to 3
 fossil fuel.                                                          percent oxygen, 3-
                                                                       run average; or
                                                                       (150 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       30-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  1.1E-03 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     3 dscm per run.
                                                                       (2.3E-05 lb per
                                                                       MMBtu of heat
                                                                       input).
6. Stokers/sloped grate/others      a. CO (or CEMS).................  620 ppm by volume on  1 hr minimum
 designed to burn wet biomass fuel.                                    a dry basis           sampling time.
                                                                       corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (410 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       10-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  3.0E-02 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     2 dscm per run.
                                                                       (2.6E-05 lb per
                                                                       MMBtu of heat
                                                                       input).
7. Stokers/sloped grate/others      a. CO...........................  460 ppm by volume on  1 hr minimum
 designed to burn kiln-dried                                           a dry basis           sampling time.
 biomass fuel.                                                         corrected to 3
                                                                       percent oxygen.

[[Page 228]]

 
                                    b. Filterable PM (or TSM).......  3.2E-01 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     2 dscm per run.
                                                                       (4.0E-03 lb per
                                                                       MMBtu of heat
                                                                       input).
8. Fluidized bed units designed to  a. CO (or CEMS).................  230 ppm by volume on  1 hr minimum
 burn biomass/bio-based solids.                                        a dry basis           sampling time.
                                                                       corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (310 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       30-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  9.8E-03 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     3 dscm per run.
                                                                       (8.3E-05 \a\ lb per
                                                                       MMBtu of heat
                                                                       input).
9. Suspension burners designed to   a. CO (or CEMS).................  2,400 ppm by volume   1 hr minimum
 burn biomass/bio-based solids.                                        on a dry basis        sampling time.
                                                                       corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (2,000 ppm by
                                                                       volume on a dry
                                                                       basis corrected to
                                                                       3 percent
                                                                       oxygen,\c\ 10-day
                                                                       rolling average).
                                    b. Filterable PM (or TSM).......  5.1E-02 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     2 dscm per run.
                                                                       (6.5E-03 lb per
                                                                       MMBtu of heat
                                                                       input).
10. Dutch Ovens/Pile burners        a. CO (or CEMS).................  810 ppm by volume on  1 hr minimum
 designed to burn biomass/bio-                                         a dry basis           sampling time.
 based solids.                                                         corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (520 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       10-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  3.6E-02 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     2 dscm per run.
                                                                       (3.9E-05 lb per
                                                                       MMBtu of heat
                                                                       input).
11. Fuel cell units designed to     a. CO...........................  910 ppm by volume on  1 hr minimum
 burn biomass/bio-based solids.                                        a dry basis           sampling time.
                                                                       corrected to 3
                                                                       percent oxygen.
                                    b. Filterable PM (or TSM).......  2.0E-02 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     2 dscm per run.
                                                                       (2.9E-05 lb per
                                                                       MMBtu of heat
                                                                       input).
12. Hybrid suspension grate boiler  a. CO (or CEMS).................  1,500 ppm by volume   1 hr minimum
 designed to burn biomass/bio-                                         on a dry basis        sampling time.
 based solids.                                                         corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or
                                                                       (900 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen,\c\
                                                                       30-day rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  2.6E-02 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     3 dscm per run.
                                                                       (4.4E-04 lb per
                                                                       MMBtu of heat
                                                                       input).
13. Units designed to burn liquid   a. HCl..........................  1.2E-03 lb per MMBtu  For M26A: Collect a
 fuel.                                                                 of heat input.        minimum of 2 dscm
                                                                                             per run; for M26,
                                                                                             collect a minimum
                                                                                             of 240 liters per
                                                                                             run.
                                    b. Mercury......................  4.9E-07 \a\ lb per    For M29, collect a
                                                                       MMBtu of heat input.  minimum of 4 dscm
                                                                                             per run; for M30A
                                                                                             or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784 \b\ collect a
                                                                                             minimum of 4 dscm.
14. Units designed to burn heavy    a. CO (or CEMS).................  130 ppm by volume on  1 hr minimum
 liquid fuel.                                                          a dry basis           sampling time.
                                                                       corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average; or (18
                                                                       ppm by volume on a
                                                                       dry basis corrected
                                                                       to 3 percent
                                                                       oxygen,\c\ 10-day
                                                                       rolling average).

[[Page 229]]

 
15. Units designed to burn light    a. CO (or CEMS).................  130 \a\ ppm by        1 hr minimum
 liquid fuel.                                                          volume on a dry       sampling time.
                                                                       basis corrected to
                                                                       3 percent oxygen;
                                                                       or (60 ppm by
                                                                       volume on a dry
                                                                       basis corrected to
                                                                       3 percent
                                                                       oxygen,\c\ 1-day
                                                                       block average).
                                    b. Filterable PM (or TSM).......  1.1E-03 \a\ lb per    Collect a minimum of
                                                                       MMBtu of heat         3 dscm per run.
                                                                       input; or (2.9E-05
                                                                       lb per MMBtu of
                                                                       heat input).
16. Units designed to burn liquid   a. CO...........................  130 ppm by volume on  1 hr minimum
 fuel that are non-continental                                         a dry basis           sampling time.
 units.                                                                corrected to 3
                                                                       percent oxygen, 3-
                                                                       run average based
                                                                       on stack test; or
                                                                       (91 ppm by volume
                                                                       on a dry basis
                                                                       corrected to 3
                                                                       percent oxygen, 3-
                                                                       hour rolling
                                                                       average).
                                    b. Filterable PM (or TSM).......  2.3E-02 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     2 dscm per run.
                                                                       (8.6E-04 lb per
                                                                       MMBtu of heat
                                                                       input).
17. Units designed to burn gas 2    a. CO...........................  130 ppm by volume on  1 hr minimum
 (other) gases.                                                        a dry basis           sampling time.
                                                                       corrected to 3
                                                                       percent oxygen.
                                    b. HCl..........................  1.7E-03 lb per MMBtu  For M26A, Collect a
                                                                       of heat input.        minimum of 2 dscm
                                                                                             per run; for M26,
                                                                                             collect a minimum
                                                                                             of 240 liters per
                                                                                             run.
                                    c. Mercury......................  7.9E-06 lb per MMBtu  For M29, collect a
                                                                       of heat input.        minimum of 3 dscm
                                                                                             per run; for M30A
                                                                                             or M30B, collect a
                                                                                             minimum sample as
                                                                                             specified in the
                                                                                             method; for ASTM
                                                                                             D6784 \b\ collect a
                                                                                             minimum of 3 dscm.
                                    d. Filterable PM (or TSM).......  6.7E-03 lb per MMBtu  Collect a minimum of
                                                                       of heat input; or     3 dscm per run.
                                                                       (2.1E-04 lb per
                                                                       MMBtu of heat
                                                                       input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit and you are not required
  to conduct testing for CEMS or CPMS monitor certification, you can skip testing according to Sec.   63.7515 if
  all of the other provision of Sec.   63.7515 are met. For all other pollutants that do not contain a footnote
  ``a'', your performance tests for this pollutant for at least 2 consecutive years must show that your
  emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may request an alternative test method under Sec.   63.7 of this chapter, in order that
  compliance with the carbon monoxide emissions limit be determined using carbon dioxide as a diluent correction
  in place of oxygen at 3%. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the
  appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take into account
  that the 3% oxygen correction is to be done on a dry basis. The alternative test method request must account
  for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection,
  scrubber media, etc.


[78 FR 7210, Jan. 31, 2013, as amended at 80 FR 72836, Nov. 20, 2015]



 Subpart EEEEE_National Emission Standards for Hazardous Air Pollutants 
                      for Iron and Steel Foundries

    Source: 69 FR 21923, Apr. 22, 2004, unless otherwise noted.

                        What this Subpart Covers



Sec.  63.7680  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for iron and steel foundries. This subpart also 
establishes requirements to demonstrate initial and continuous 
compliance with the emissions limitations, work practice standards, and 
operation and maintenance requirements in this subpart.

[[Page 230]]



Sec.  63.7681  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an iron and 
steel foundry that is (or is part of) a major source of hazardous air 
pollutant (HAP) emissions. Your iron and steel foundry is a major source 
of HAP for purposes of this subpart if it emits or has the potential to 
emit any single HAP at a rate of 10 tons or more per year or any 
combination of HAP at a rate of 25 tons or more per year or if it is 
located at a facility that emits or has the potential to emit any single 
HAP at a rate of 10 tons or more per year or any combination of HAP at a 
rate of 25 tons or more per year as defined in Sec.  63.2.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008]



Sec.  63.7682  What parts of my foundry does this subpart cover?

    (a) The affected source is each new or existing iron and steel 
foundry.
    (b) This subpart covers emissions from metal melting furnaces, scrap 
preheaters, pouring areas, pouring stations, automated conveyor and 
pallet cooling lines, automated shakeout lines, and mold and core making 
lines. This subpart also covers fugitive emissions from foundry 
operations.
    (c) An affected source is existing if you commenced construction or 
reconstruction of the affected source before December 23, 2002.
    (d) An affected source is new if you commenced construction or 
reconstruction of the affected source on or after December 23, 2002. An 
affected source is reconstructed if it meets the definition of 
``reconstruction'' in Sec.  63.2.



Sec.  63.7683  When do I have to comply with this subpart?

    (a) Except as specified in paragraph (b) of this section, if you 
have an existing affected source, you must comply with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you no later than April 23, 
2007. Major source status for existing affected sources must be 
determined no later than April 23, 2007.
    (b) If you have an existing affected source, you must comply with 
the work practice standards in Sec.  63.7700(b) or (c), as applicable, 
no later than April 22, 2005.
    (c) If you have a new affected source for which the initial startup 
date is on or before April 22, 2004, you must comply with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you by April 22, 2004.
    (d) If you have a new affected source for which the initial startup 
date is after April 22, 2004, you must comply with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement in this subpart that applies to you upon initial startup.
    (e) If your iron and steel foundry is an area source that becomes a 
major source of HAP, you must meet the requirements of Sec.  63.6(c)(5).
    (f) You must meet the notification and schedule requirements in 
Sec.  63.7750. Note that several of these notifications must be 
submitted before the compliance date for your affected source.

                          Emissions Limitations



Sec.  63.7690  What emissions limitations must I meet?

    (a) You must meet the emissions limits or standards in paragraphs 
(a)(1) through (11) of this section that apply to you. When alternative 
emissions limitations are provided for a given emissions source, you are 
not restricted in the selection of which applicable alternative 
emissions limitation is used to demonstrate compliance.
    (1) For each electric arc metal melting furnace, electric induction 
metal melting furnace, or scrap preheater at an existing iron and steel 
foundry, you must not discharge emissions through a conveyance to the 
atmosphere that exceed either the limit for particulate matter (PM) in 
paragraph (a)(1)(i) of this section or, alternatively the limit for 
total metal HAP in paragraph (a)(1)(ii) of this section:
    (i) 0.005 grains of PM per dry standard cubic foot (gr/dscf), or
    (ii) 0.0004 gr/dscf of total metal HAP.
    (2) For each cupola metal melting furnace at an existing iron and 
steel

[[Page 231]]

foundry, you must not discharge emissions through a conveyance to the 
atmosphere that exceed either the limit for PM in paragraph (a)(2)(i) or 
(ii) of this section or, alternatively the limit for total metal HAP in 
paragraph (a)(2)(iii) or (iv) of this section:
    (i) 0.006 gr/dscf of PM; or
    (ii) 0.10 pound of PM per ton (lb/ton) of metal charged, or
    (iii) 0.0005 gr/dscf of total metal HAP; or
    (iv) 0.008 pound of total metal HAP per ton (lb/ton) of metal 
charged.
    (3) For each cupola metal melting furnace or electric arc metal 
melting furnace at a new iron and steel foundry, you must not discharge 
emissions through a conveyance to the atmosphere that exceed either the 
limit for PM in paragraph (a)(3)(i) of this section or, alternatively 
the limit for total metal HAP in paragraph (a)(3)(ii) of this section:
    (i) 0.002 gr/dscf of PM, or
    (ii) 0.0002 gr/dscf of total metal HAP.
    (4) For each electric induction metal melting furnace or scrap 
preheater at a new iron and steel foundry, you must not discharge 
emissions through a conveyance to the atmosphere that exceed either the 
limit for PM in paragraph (a)(4)(i) of this section or, alternatively 
the limit for total metal HAP in paragraph (a)(4)(ii) of this section:
    (i) 0.001 gr/dscf of PM, or
    (ii) 0.00008 gr/dscf of total metal HAP.
    (5) For each pouring station at an existing iron and steel foundry, 
you must not discharge emissions through a conveyance to the atmosphere 
that exceed either the limit for PM in paragraph (a)(5)(i) of this 
section or, alternatively the limit for total metal HAP in paragraph 
(a)(5)(ii) of this section:
    (i) 0.010 gr/dscf of PM, or
    (ii) 0.0008 gr/dscf of total metal HAP.
    (6) For each pouring area or pouring station at a new iron and steel 
foundry, you must not discharge emissions through a conveyance to the 
atmosphere that exceed either the limit for PM in paragraph (a)(6)(i) of 
this section or, alternatively the limit for total metal HAP in 
paragraph (a)(6)(ii) of this section:
    (i) 0.002 gr/dscf of PM, or
    (ii) 0.0002 gr/dscf of total metal HAP.
    (7) For each building or structure housing any iron and steel 
foundry emissions source at the iron and steel foundry, you must not 
discharge any fugitive emissions to the atmosphere from foundry 
operations that exhibit opacity greater than 20 percent (6-minute 
average), except for one 6-minute average per hour that does not exceed 
27 percent opacity.
    (8) For each cupola metal melting furnace at a new or existing iron 
and steel foundry, you must not discharge emissions of volatile organic 
hazardous air pollutants (VOHAP) through a conveyance to the atmosphere 
that exceed 20 parts per million by volume (ppmv) corrected to 10-
percent oxygen while on blast.
    (9) As an alternative to the work practice standard in Sec.  
63.7700(e) for a scrap preheater at an existing iron and steel foundry 
or in Sec.  63.7700(f) for a scrap preheater at a new iron and steel 
foundry, you must not discharge emissions of VOHAP through a conveyance 
to the atmosphere that exceed 20 ppmv.
    (10) For one or more automated conveyor and pallet cooling lines 
that use a sand mold system or automated shakeout lines that use a sand 
mold system at a new iron and steel foundry, you must not discharge 
emissions of VOHAP through a conveyance to the atmosphere that exceed a 
flow-weighted average of 20 ppmv.
    (11) For each triethylamine (TEA) cold box mold or core making line 
at a new or existing iron and steel foundry, you must meet either the 
emissions limit in paragraph (a)(11)(i) of this section or, 
alternatively the emissions standard in paragraph (a)(11)(ii) of this 
section:
    (i) You must not discharge emissions of TEA through a conveyance to 
the atmosphere that exceed 1 ppmv, as determined according to the 
performance test procedures in Sec.  63.7732(g); or
    (ii) You must reduce emissions of TEA from each TEA cold box mold or 
core making line by at least 99 percent, as determined according to the 
performance test procedures in Sec.  63.7732(g).
    (b) You must meet each operating limit in paragraphs (b)(1) through 
(5) of this section that applies to you.

[[Page 232]]

    (1) You must install, operate, and maintain a capture and collection 
system for all emissions sources subject to an emissions limit for VOHAP 
or TEA in paragraphs (a)(8) through (11) of this section.
    (i) Each capture and collection system must meet accepted 
engineering standards, such as those published by the American 
Conference of Governmental Industrial Hygienists.
    (ii) You must operate each capture system at or above the lowest 
value or settings established as operating limits in your operation and 
maintenance plan.
    (2) You must operate each wet scrubber applied to emissions from a 
metal melting furnace, scrap preheater, pouring area, or pouring station 
subject to an emissions limit for PM or total metal HAP in paragraphs 
(a)(1) through (6) of this section such that the 3-hour average pressure 
drop and scrubber water flow rate does not fall below the minimum levels 
established during the initial or subsequent performance test.
    (3) You must operate each combustion device applied to emissions 
from a cupola metal melting furnace subject to the emissions limit for 
VOHAP in paragraph (a)(8) of this section, such that the 15-minute 
average combustion zone temperature does not fall below 1,300 degrees 
Fahrenheit ([deg]F). Periods when the cupola is off blast and for 15 
minutes after going on blast from an off blast condition are not 
included in the 15-minute average.
    (4) You must operate each combustion device applied to emissions 
from a scrap preheater subject to the emissions limit for VOHAP in 
paragraph (a)(9) of this section or from a TEA cold box mold or core 
making line subject to the emissions limit for TEA in paragraph (a)(11) 
of this section, such that the 3-hour average combustion zone 
temperature does not fall below the minimum level established during the 
initial or subsequent performance test.
    (5) You must operate each wet acid scrubber applied to emissions 
from a TEA cold box mold or core making line subject to the emissions 
limit for TEA in paragraph (a)(11) of this section such that:
    (i) The 3-hour average scrubbing liquid flow rate does not fall 
below the minimum level established during the initial or subsequent 
performance test; and
    (ii) The 3-hour average pH of the scrubber blowdown, as measured by 
a continuous parameter monitoring system (CPMS), does not exceed 4.5 or 
the pH of the scrubber blowdown, as measured once every 8 hours during 
process operations, does not exceed 4.5.
    (c) If you use a control device other than a baghouse, wet scrubber, 
wet acid scrubber, or combustion device, you must prepare and submit a 
monitoring plan containing the information listed in paragraphs (c)(1) 
through (5) of this section. The monitoring plan is subject to approval 
by the Administrator.
    (1) A description of the device;
    (2) Test results collected in accordance with Sec.  63.7732 
verifying the performance of the device for reducing emissions of PM, 
total metal HAP, VOHAP, or TEA to the levels required by this subpart;
    (3) A copy of the operation and maintenance plan required by Sec.  
63.7710(b);
    (4) A list of appropriate operating parameters that will be 
monitored to maintain continuous compliance with the applicable 
emissions limitation(s); and
    (5) Operating parameter limits based on monitoring data collected 
during the performance test.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008; 85 
FR 56095, Sept. 10, 2020]

                         Work Practice Standards



Sec.  63.7700  What work practice standards must I meet?

    (a) For each segregated scrap storage area, bin or pile, you must 
either comply with the certification requirements in paragraph (b) of 
this section, or prepare and implement a plan for the selection and 
inspection of scrap according to the requirements in paragraph (c) of 
this section. You may have certain scrap subject to paragraph (b) of 
this section and other scrap subject to paragraph (c) of this section at 
your facility provided the scrap remains segregated until charge make-
up.

[[Page 233]]

    (b) You must prepare and operate at all times according to a written 
certification that the foundry purchases and uses only metal ingots, pig 
iron, slitter, or other materials that do not include post-consumer 
automotive body scrap, post-consumer engine blocks, post-consumer oil 
filters, oily turnings, lead components, mercury switches, plastics, or 
free organic liquids. For the purpose of this paragraph (b), ``free 
organic liquids'' is defined as material that fails the paint filter 
test by EPA Method 9095A, ``Paint Filter Liquids Test'' (Revision 1, 
December 1996), as published in EPA Publication SW-846 ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods'' (incorporated by 
reference--see Sec.  63.14). Any post-consumer engine blocks, post-
consumer oil filters, or oily turnings that are processed and/or cleaned 
to the extent practicable such that the materials do not include lead 
components, mercury switches, chlorinated plastics, or free organic 
liquids can be included in this certification.
    (c) You must prepare and operate at all times according to a written 
plan for the selection and inspection of iron and steel scrap to 
minimize, to the extent practicable, the amount of organics and HAP 
metals in the charge materials used by the iron and steel foundry. This 
scrap selection and inspection plan is subject to approval by the 
Administrator. You must keep a copy of the plan onsite and readily 
available to all plant personnel with materials acquisition or 
inspection duties. You must provide a copy of the material 
specifications to each of your scrap vendors. Each plan must include the 
information specified in paragraphs (c)(1) through (3) of this section.
    (1) A materials acquisition program to limit organic contaminants 
according to the requirements in paragraph (c)(1)(i) or (ii) of this 
section, as applicable.
    (i) For scrap charged to a scrap preheater, electric arc metal 
melting furnace, or electric induction metal melting furnace, 
specifications for scrap materials to be depleted (to the extent 
practicable) of the presence of used oil filters, chlorinated plastic 
parts, organic liquids, and a program to ensure the scrap materials are 
drained of free liquids; or
    (ii) For scrap charged to a cupola metal melting furnace, 
specifications for scrap materials to be depleted (to the extent 
practicable) of the presence of chlorinated plastic, and a program to 
ensure the scrap materials are drained of free liquids.
    (2) A materials acquisition program specifying that the scrap 
supplier remove accessible mercury switches from the trunks and hoods of 
any automotive bodies contained in the scrap and remove accessible lead 
components such as batteries and wheel weights. You must either obtain 
and maintain onsite a copy of the procedures used by the scrap supplier 
for either removing accessible mercury switches or for purchasing 
automobile bodies that have had mercury switches removed, as applicable, 
or document your attempts to obtain a copy of these procedures from the 
scrap suppliers servicing your area.
    (3) Procedures for visual inspection of a representative portion, 
but not less than 10 percent, of all incoming scrap shipments to ensure 
the materials meet the specifications.
    (i) The inspection procedures must identify the location(s) where 
inspections are to be performed for each type of shipment. Inspections 
may be performed at the scrap supplier's facility. The selected 
location(s) must provide a reasonable vantage point, considering worker 
safety, for visual inspection.
    (ii) The inspection procedures must include recordkeeping 
requirements that document each visual inspection and the results.
    (iii) The inspection procedures must include provisions for 
rejecting or returning entire or partial scrap shipments that do not 
meet specifications and limiting purchases from vendors whose shipments 
fail to meet specifications for more than three inspections in one 
calendar year.
    (iv) If the inspections are performed at the scrap supplier's 
facility, the inspection procedures must include an explanation of how 
the periodic inspections ensure that not less than 10 percent of scrap 
purchased from each supplier is subject to inspection.
    (d) For each furan warm box mold or core making line in a new or 
existing

[[Page 234]]

iron and steel foundry, you must use a binder chemical formulation that 
does not contain methanol as a specific ingredient of the catalyst 
formulation as determined by the Material Safety Data Sheet. This 
requirement does not apply to the resin portion of the binder system.
    (e) For each scrap preheater at an existing iron and steel foundry, 
you must meet either the requirement in paragraph (e)(1) or (2) of this 
section. As an alternative to the requirement in paragraph (e)(1) or (2) 
of this section, you must meet the VOHAP emissions limit in Sec.  
63.7690(a)(9).
    (1) You must operate and maintain a gas-fired preheater where the 
flame directly contacts the scrap charged; or
    (2) You must charge only material that is subject to and in 
compliance with the scrap certification requirement in paragraph (b) of 
this section.
    (f) For each scrap preheater at a new iron and steel foundry, you 
must charge only material that is subject to and in compliance with the 
scrap certification requirement in paragraph (b) of this section. As an 
alternative to this requirement, you must meet the VOHAP emissions limit 
in Sec.  63.7690(a)(9).
    (g) For each cupola at a new or existing iron and steel foundry, you 
must reduce VOHAP emissions to the extent practicable during periods of 
off blast, as defined in Sec.  63.7765, by meeting the applicable 
requirements in paragraph (g)(1) or (2) of this section.
    (1) On and before March 9, 2021, you must comply with the 
requirements in Sec.  63.7710 and the requirements specified in the 
startup, shutdown, and malfunction plan required at Sec.  63.7720(c).
    (2) After March 9, 2021, you must comply with the applicable 
requirements in paragraphs (g)(2)(i) through (iii) of this section.
    (i) Except as provided in paragraphs (g)(2)(ii) and (iii) of this 
section, you must operate an afterburner or other thermal combustion 
control device with a flame present at all times while the cupola is off 
blast. This includes the latter portion of coke bed preparation step and 
the initial metallics charging step during cupola startup, the slag and 
residual metal removal step during cupola shutdown, and idling 
conditions when the blast air is turned off or down to the point that 
the cupola does not produce additional molten metal.
    (ii) During cupola startup steps of refractory curing and cupola bed 
preparation and during the cupola shutdown steps of cupola cooling and 
banking or bottom drop, you must comply with the requirements in Sec.  
63.7710 and the opacity limit in Sec.  63.7690(a)(7).
    (iii) You must light the cupola afterburner or other thermal 
combustion control device as soon as practicable during the cupola 
startup step of coke bed preparation following the procedures included 
in the operation and maintenance plan required at Sec.  63.7710(b), but 
no later than 30 minutes after the blast air is started to begin the 
coke bed burn-in.

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005; 73 
FR 7218, Feb. 7, 2008; 85 FR 56095, Sept. 10, 2020]

                 Operation and Maintenance Requirements



Sec.  63.7710  What are my operation and maintenance requirements?

    (a) You must always operate and maintain your iron and steel 
foundry, including air pollution control and monitoring equipment, in a 
manner consistent with good air pollution control practices for 
minimizing emissions at least to the levels required by this subpart.
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for each capture and collection system 
and control device for an emissions source subject to a PM, metal HAP, 
TEA, or VOHAP emissions limit in Sec.  63.7690(a) or the work practice 
standards in Sec.  63.7700(g). Your operation and maintenance plan also 
must include procedures for igniting gases from mold vents in pouring 
areas and pouring stations that use a sand mold system. This operation 
and maintenance plan is subject to approval by the Administrator. Each 
plan must contain the elements described in paragraphs (b)(1) through 
(6) of this section.
    (1) Monthly inspections of the equipment that is important to the 
performance of the total capture system (i.e.,

[[Page 235]]

pressure sensors, dampers, and damper switches). This inspection must 
include observations of the physical appearance of the equipment (e.g., 
presence of holes in the ductwork or hoods, flow constrictions caused by 
dents or accumulated dust in the ductwork, and fan erosion). The 
operation and maintenance plan must also include requirements to repair 
the defect or deficiency as soon as practicable.
    (2) Operating limits for each capture system for an emissions source 
subject to an emissions limit or standard for VOHAP or TEA in Sec.  
63.7690(a)(8) through (11). You must establish the operating according 
to the requirements in paragraphs (b)(2)(i) through (iii) of this 
section.
    (i) Select operating limit parameters appropriate for the capture 
system design that are representative and reliable indicators of the 
performance of the capture system. At a minimum, you must use 
appropriate operating limit parameters that indicate the level of the 
ventilation draft and damper position settings for the capture system 
when operating to collect emissions, including revised settings for 
seasonal variations. Appropriate operating limit parameters for 
ventilation draft include, but are not limited to: volumetric flow rate 
through each separately ducted hood, total volumetric flow rate at the 
inlet to the control device to which the capture system is vented, fan 
motor amperage, or static pressure. Any parameter for damper position 
setting may be used that indicates the duct damper position related to 
the fully open setting.
    (ii) For each operating limit parameter selected in paragraph 
(b)(2)(i) of this section, designate the value or setting for the 
parameter at which the capture system operates during the process 
operation. If your operation allows for more than one process to be 
operating simultaneously, designate the value or setting for the 
parameter at which the capture system operates during each possible 
configuration that you may operate (i.e., the operating limits with one 
furnace melting, two melting, as applicable to your plant).
    (iii) Include documentation in your plan to support your selection 
of the operating limits established for your capture system. This 
documentation must include a description of the capture system design, a 
description of the capture system operating during production, a 
description of each selected operating limit parameter, a rationale for 
why you chose the parameter, a description of the method used to monitor 
the parameter according to the requirements of Sec.  63.7740(a), and the 
data used to set the value or setting for the parameter for each of your 
process configurations.
    (3) Preventative maintenance plan for each control device, including 
a preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (4) A site-specific monitoring plan for each bag leak detection 
system. For each bag leak detection system that operates on the 
triboelectric effect, the monitoring plan must be consistent with the 
recommendations contained in the U.S. Environmental Protection Agency 
guidance document ``Fabric Filter Bag Leak Detection Guidance'' (EPA-
454/R-98-015). This baghouse monitoring plan is subject to approval by 
the Administrator. The owner or operator shall operate and maintain the 
bag leak detection system according to the site-specific monitoring plan 
at all times. The plan must address all of the items identified in 
paragraphs (b)(4)(i) through (v) of this section.
    (i) Installation of the bag leak detection system.
    (ii) Initial and periodic adjustment of the bag leak detection 
system including how the alarm set-point will be established.
    (iii) Operation of the bag leak detection system including quality 
assurance procedures.
    (iv) How the bag leak detection system will be maintained including 
a routine maintenance schedule and spare parts inventory list.
    (v) How the bag leak detection system output will be recorded and 
stored.
    (5) Corrective action plan for each baghouse. The plan must include 
the requirement that, in the event a bag leak detection system alarm is 
triggered, you must initiate corrective action to determine the cause of 
the

[[Page 236]]

alarm within 1 hour of the alarm, initiate corrective action to correct 
the cause of the problem within 24 hours of the alarm, and complete the 
corrective action as soon as practicable. Corrective actions taken may 
include, but are not limited to:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Making process changes.
    (vii) Shutting down the process producing the PM emissions.
    (6) Procedures for providing an ignition source to mold vents of 
sand mold systems in each pouring area and pouring station unless you 
determine the mold vent gases either are not ignitable, ignite 
automatically, or cannot be ignited due to accessibility or safety 
issues. You must document and maintain records of this determination. 
The determination of ignitability, accessibility, and safety may 
encompass multiple casting patterns provided the castings utilize 
similar sand-to-metal ratios, binder formulations, and coating 
materials. The determination of ignitability must be based on 
observations of the mold vents within 5 minutes of pouring, and the 
flame must be present for at least 15 seconds for the mold vent to be 
considered ignited. For the purpose of this determination:
    (i) Mold vents that ignite more than 75 percent of the time without 
the presence of an auxiliary ignition source are considered to ignite 
automatically; and
    (ii) Mold vents that do not ignite automatically and cannot be 
ignited in the presence of an auxiliary ignition source more than 25 
percent of the time are considered to be not ignitable.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7218, Feb. 7, 2008; 85 
FR 56096, Sept. 10, 2020]

                     General Compliance Requirements



Sec.  63.7720  What are my general requirements for complying with this 
subpart?

    (a) On and before March 9, 2021, for affected sources that commenced 
construction or reconstruction on or before September 10, 2020, you must 
be in compliance with the emissions limitations, work practice 
standards, and operation and maintenance requirements in this subpart at 
all times, except during periods of startup and shutdown. After March 9, 
2021, for affected sources that commenced construction or reconstruction 
on or before September 10, 2020, and upon startup for affected sources 
that commenced construction or reconstruction after September 10, 2020, 
you must be in compliance with the emissions limitations, work practice 
standards, and operation and maintenance requirements in this subpart at 
all times.
    (b) During the period between the compliance date specified for your 
iron and steel foundry in Sec.  63.7683 and the date when applicable 
operating limits have been established during the initial performance 
test, you must maintain a log detailing the operation and maintenance of 
the process and emissions control equipment.
    (c) On and before March 9, 2021, for affected sources that commenced 
construction or reconstruction on or before March 9, 2021, you must 
develop a written startup, shutdown, and malfunction plan according to 
the provisions in Sec.  63.6(e)(3). The startup, shutdown, and 
malfunction plan also must specify what constitutes a shutdown of a 
cupola and how to determine that operating conditions are normal 
following startup of a cupola. After March 9, 2021, for affected sources 
that commenced construction or reconstruction on or before September 10, 
2020, and upon startup for affected sources that commenced construction 
or reconstruction after September 10, 2020, the startup, shutdown, and 
malfunction plan requirements no longer apply.

[69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006; 
85 FR 56096, Sept. 10, 2020]

[[Page 237]]

                     Initial Compliance Requirements



Sec.  63.7730  By what date must I conduct performance tests or other
initial compliance demonstrations?

    (a) As required by Sec.  63.7(a)(2), you must conduct a performance 
test no later than 180 calendar days after the compliance date that is 
specified in Sec.  63.7683 for your iron and steel foundry to 
demonstrate initial compliance with each emissions limitation in Sec.  
63.7690 that applies to you.
    (b) For each work practice standard in Sec.  63.7700 and each 
operation and maintenance requirement in Sec.  63.7710 that applies to 
you where initial compliance is not demonstrated using a performance 
test, you must demonstrate initial compliance no later than 30 calendar 
days after the compliance date that is specified for your iron and steel 
foundry in Sec.  63.7683.
    (c) If you commenced construction or reconstruction between December 
23, 2002 and April 22, 2004, you must demonstrate initial compliance 
with either the proposed emissions limit or the promulgated emissions 
limit no later than October 19, 2004 or no later than 180 calendar days 
after startup of the source, whichever is later, according to Sec.  
63.7(a)(2)(ix).
    (d) If you commenced construction or reconstruction between December 
23, 2002 and April 22, 2004, and you chose to comply with the proposed 
emissions limit when demonstrating initial compliance, you must conduct 
a second performance test to demonstrate compliance with the promulgated 
emissions limit by October 19, 2007 or after startup of the source, 
whichever is later, according to Sec.  63.7(a)(2)(ix).



Sec.  63.7731  When must I conduct subsequent performance tests?

    (a) You must conduct subsequent performance tests to demonstrate 
compliance with all applicable PM or total metal HAP, VOHAP, and TEA 
emissions limitations in Sec.  63.7690 for your iron and steel foundry 
no less frequently than every 5 years and each time you elect to change 
an operating limit or to comply with a different alternative emissions 
limit, if applicable. The requirement to conduct performance tests every 
5 years does not apply to an emissions source for which a continuous 
emissions monitoring system (CEMS) is used to demonstrate continuous 
compliance.
    (b) You must conduct subsequent performance tests to demonstrate 
compliance with the opacity limit in Sec.  63.7690(a)(7) for your iron 
and steel foundry no less frequently than once every 6 months.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7219, Feb. 7, 2008]



Sec.  63.7732  What test methods and other procedures must I use to
demonstrate initial compliance with the emissions limitations?

    (a) You must conduct each performance test that applies to your iron 
and steel foundry based on your selected compliance alternative, if 
applicable, according to the requirements in paragraphs (b) through (i) 
of this section. Each performance test must be conducted under 
conditions representative of normal operations. Normal operating 
conditions exclude periods of startup and shutdown. You may not conduct 
performance tests during periods of malfunction. You 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, you shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (b) To determine compliance with the applicable emissions limit for 
PM in Sec.  63.7690(a)(1) through (6) for a metal melting furnace, scrap 
preheater, pouring station, or pouring area, follow the test methods and 
procedures in paragraphs (b)(1) through (6) of this section.
    (1) Determine the concentration of PM according to the test methods 
in 40 CFR part 60, appendix A that are specified in paragraphs (b)(1)(i) 
through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no

[[Page 238]]

control device is present) prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 5, 5B, 5D, 5F, or 5I, as applicable, to determine the PM 
concentration. The PM concentration is determined using only the front-
half (probe rinse and filter) of the PM catch.
    (2) Collect a minimum sample volume of 60 dscf of gas during each PM 
sampling run. A minimum of three valid test runs are needed to comprise 
a performance test.
    (3) For cupola metal melting furnaces, sample only during times when 
the cupola is on blast.
    (4) For electric arc and electric induction metal melting furnaces, 
sample only during normal production conditions, which may include, but 
are not limited to the following cycles: Charging, melting, alloying, 
refining, slagging, and tapping.
    (5) For scrap preheaters, sample only during normal production 
conditions, which may include, but are not limited to the following 
cycles: Charging, heating, and discharging.
    (6) Determine the total mass of metal charged to the furnace or 
scrap preheater. For a cupola metal melting furnace at an existing iron 
and steel foundry that is subject to the PM emissions limit in Sec.  
63.7690(a)(ii), calculate the PM emissions rate in pounds of PM per ton 
(lb/ton) of metal charged using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.000

Where:

EFPM = Mass emissions rate of PM, pounds of PM per ton (lb/
          ton) of metal charged;
CPM = Concentration of PM measured during performance test 
          run, gr/dscf;
Q = Volumetric flow rate of exhaust gas, dry standard cubic feet per 
          minute (dscfm);
Mcharge = Mass of metal charged during performance test run, 
          tons;
ttest = Duration of performance test run, minutes; and
7,000 = Unit conversion factor, grains per pound (gr/lb).

    (c) To determine compliance with the applicable emissions limit for 
total metal HAP in Sec.  63.7690(a)(1) through (6) for a metal melting 
furnace, scrap preheater, pouring station, or pouring area, follow the 
test methods and procedures in paragraphs (c)(1) through (6) of this 
section.
    (1) Determine the concentration of total metal HAP according to the 
test methods in 40 CFR part 60, appendix A that are specified in 
paragraphs (c)(1)(i) through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no control device is present) prior to any releases to the 
atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 29 to determine the total metal HAP concentration.
    (2) A minimum of three valid test runs are needed to comprise a 
performance test.
    (3) For cupola metal melting furnaces, sample only during times when 
the cupola is on blast.

[[Page 239]]

    (4) For electric arc and electric induction metal melting furnaces, 
sample only during normal production conditions, which may include, but 
are not limited to the following cycles: Charging, melting, alloying, 
refining, slagging, and tapping.
    (5) For scrap preheaters, sample only during normal production 
conditions, which may include, but are not limited to the following 
cycles: Charging, heating, and discharging.
    (6) Determine the total mass of metal charged to the furnace or 
scrap preheater during each performance test run and calculate the total 
metal HAP emissions rate (pounds of total metal HAP per ton (lb/ton) of 
metal charged) using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.001

Where:

EFTMHAP = Emissions rate of total metal HAP, pounds of total 
          metal HAP per ton (lb/ton) of metal charged;
CTMHAP = Concentration of total metal HAP measured during 
          performance test run, gr/dscf;
Q = Volumetric flow rate of exhaust gas, dscfm;
Mcharge = Mass of metal charged during performance test run, 
          tons;
ttest = Duration of performance test run, minutes; and
7,000 = Unit conversion factor, gr/lb.

    (d) To determine compliance with the opacity limit in Sec.  
63.7690(a)(7) for fugitive emissions from buildings or structures 
housing any iron and steel foundry emissions source at the iron and 
steel foundry, follow the procedures in paragraphs (d)(1) and (2) of 
this section.
    (1) Using a certified observer, conduct each opacity test according 
to the requirements in EPA Method 9 (40 CFR part 60, appendix A) and 
Sec.  63.6(h)(5). The certified observer may identify a limited number 
of openings or vents that appear to have the highest opacities and 
perform opacity observations on the identified openings or vents in lieu 
of performing observations for each opening or vent from the building or 
structure. Alternatively, a single opacity observation for the entire 
building or structure may be performed, if the fugitive release points 
afford such an observation.
    (2) During testing intervals when PM performance tests, if 
applicable, are being conducted, conduct the opacity test such the 
opacity observations are recorded during the PM performance tests.
    (e) To determine compliance with the applicable VOHAP emissions 
limit in Sec.  63.7690(a)(8) for a cupola metal melting furnace or in 
Sec.  63.7690(a)(9) for a scrap preheater, follow the test methods and 
procedures in paragraphs (e)(1) through (4) of this section.
    (1) Determine the VOHAP concentration for each test run according to 
the test methods in 40 CFR part 60, appendix A, that are specified in 
paragraphs (e)(1)(i) through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no control device is present) prior to any releases to the 
atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 18 to determine the VOHAP concentration. Alternatively, 
you may use Method 25 to determine the concentration of total gaseous 
nonmethane organics (TGNMO) or Method 25A to determine the concentration 
of total organic compounds (TOC), using hexane as the calibration gas.
    (2) Determine the average VOHAP, TGNMO, or TOC concentration using a 
minimum of three valid test runs. Each

[[Page 240]]

test run must include a minimum of 60 continuous operating minutes.
    (3) For a cupola metal melting furnace, correct the measured 
concentration of VOHAP, TGNMO, or TOC for oxygen content in the gas 
stream using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.002

Where:

CVOHAP = Concentration of VOHAP in ppmv as measured by Method 
          18 in 40 CFR part 60, appendix A or the concentration of TGNMO 
          or TOC in ppmv as hexane as measured by Method 25 or 25A in 40 
          CFR part 60, appendix A; and
%O2 = Oxygen concentration in gas stream, percent by volume 
          (dry basis).

    (4) For a cupola metal melting furnace, measure the combustion zone 
temperature of the combustion device with the CPMS required in Sec.  
63.7740(d) during each sampling run in 15-minute intervals. Determine 
and record the 15-minute average of the three runs.
    (f) Follow the applicable procedures in paragraphs (f)(1) through 
(3) of this section to determine compliance with the VOHAP emissions 
limit in Sec.  63.7690(a)(10) for automated pallet cooling lines or 
automated shakeout lines.
    (1) Follow these procedures to demonstrate compliance by direct 
measurement of total hydrocarbons (a surrogate for VOHAP) using a 
volatile organic compound (VOC) CEMS.
    (i) Using the VOC CEMS required in Sec.  63.7740(g), measure and 
record the concentration of total hydrocarbons (as hexane) for 180 
continuous operating minutes. You must measure emissions at the outlet 
of the control device (or at the outlet of the emissions source if no 
control device is present) prior to any releases to the atmosphere.
    (ii) Reduce the monitoring data to hourly averages as specified in 
Sec.  63.8(g)(2).
    (iii) Compute and record the 3-hour average of the monitoring data.
    (2) As an alternative to the procedures in paragraph (f)(1) of this 
section, you may demonstrate compliance with the VOHAP emissions limit 
in Sec.  63.7690(a)(10) by establishing a site-specific TOC emissions 
limit that is correlated to the VOHAP emissions limit according to the 
procedures in paragraph (f)(2)(i) through (ix) of this section.
    (i) Determine the VOHAP concentration for each test run according to 
the test methods in 40 CFR part 60, appendix A that are specified in 
paragraph (f)(2)(ii) through (vi) of this section.
    (ii) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. Sampling sites must be located 
at the outlet of the control device (or at the outlet of the emissions 
source if no control device is present) prior to any releases to the 
atmosphere.
    (iii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iv) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (v) Method 4 to determine the moisture content of the stack gas.
    (vi) Method 18 to determine the VOHAP concentration. Alternatively, 
you may use Method 25 to determine the concentration of TGNMO using 
hexane as the calibration gas.
    (vii) Using the CEMS required in Sec.  63.7740(g), measure and 
record the concentration of total hydrocarbons (as hexane) during each 
of the Method 18 (or Method 25) sampling runs. You must measure 
emissions at the outlet of the control device (or at the outlet of the 
emissions source if no control device is present) prior to any releases 
to the atmosphere.
    (viii) Calculate the average VOHAP (or TGNMO) concentration for the 
source test as the arithmetic average of the concentrations measured for 
the individual test runs, and determine the

[[Page 241]]

average concentration of total hydrocarbon (as hexane) as measured by 
the CEMS during all test runs.
    (ix) Calculate the site-specific VOC emissions limit using Equation 
4 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.003

Where:

CVOHAP,avg = Average concentration of VOHAP for the source 
          test in ppmv as measured by Method 18 in 40 CFR part 60, 
          appendix A or the average concentration of TGNMO for the 
          source test in ppmv as hexane as measured by Method 25 in 40 
          CFR part 60, appendix A; and
CCEM = Average concentration of total hydrocarbons in ppmv as 
          hexane as measured using the CEMS during the source test.

    (3) For two or more exhaust streams from one or more automated 
conveyor and pallet cooling lines or automated shakeout lines, compute 
the flow-weighted average concentration of VOHAP emissions for each 
combination of exhaust streams using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR07FE08.004

Where:

Cw = Flow-weighted concentration of VOHAP or VOC, ppmv (as 
          hexane);
Ci = Concentration of VOHAP or VOC from exhaust stream ``i'', 
          ppmv (as hexane);
n = Number of exhaust streams sampled; and
Qi = Volumetric flow rate of effluent gas from exhaust stream 
          ``i,'', dscfm.

    (g) To determine compliance with the emissions limit or standard in 
Sec.  63.7690(a)(11) for a TEA cold box mold or core making line, follow 
the test methods in 40 CFR part 60, appendix A, specified in paragraphs 
(g)(1) through (4) of this section.
    (1) Determine the TEA concentration for each test run according to 
the test methods in 40 CFR part 60, appendix A that are specified in 
paragraphs (g)(1)(i) through (v) of this section.
    (i) Method 1 or 1A to select sampling port locations and the number 
of traverse points in each stack or duct. If you elect to meet the 99 
percent reduction standard, sampling sites must be located both at the 
inlet to the control device and at the outlet of the control device 
prior to any releases to the atmosphere. If you elect to meet the 
concentration limit, the sampling site must be located at the outlet of 
the control device (or at the outlet of the emissions source if no 
control device is present) prior to any releases to the atmosphere.
    (ii) Method 2, 2A, 2C, 2D, 2F, or 2G to determine the volumetric 
flow rate of the stack gas.
    (iii) Method 3, 3A, or 3B to determine the dry molecular weight of 
the stack gas.
    (iv) Method 4 to determine the moisture content of the stack gas.
    (v) Method 18 to determine the TEA concentration. Alternatively, you 
may use NIOSH Method 2010 (incorporated by reference--see Sec.  63.14) 
to determine the TEA concentration provided the performance requirements 
outlined in section 13.1 of EPA Method 18 are satisfied. The sampling 
option and time must be sufficiently long such that either the TEA 
concentration in the field sample is at least 5 times the limit of 
detection for the analytical method or the test results calculated using 
the laboratory's reported analytical detection limit for the specific 
field samples are less than \1/5\ of the applicable emissions limit. 
When using Method 18, the adsorbent tube approach, as described in 
section 8.2.4 of Method 18, may be required to achieve the necessary 
analytical detection limits. The sampling time must be at least 1 hour 
in all cases.
    (2) If you use a wet acid scrubber, conduct the test as soon as 
practicable after adding fresh acid solution and the system has reached 
normal operating conditions.
    (3) If you use a wet acid scrubber that is subject to the operating 
limit in Sec.  63.7690(b)(5)(ii) for pH level, determine the pH of the 
scrubber blowdown using the procedures in paragraph (g)(3)(i) or (ii) of 
this section.
    (i) Measure the pH of the scrubber blowdown with the CPMS required 
in Sec.  63.7740(f)(2) during each TEA sampling run in intervals of no 
more than 15

[[Page 242]]

minutes. Determine and record the 3-hour average; or
    (ii) Measure and record the pH level using the probe and meter 
required in Sec.  63.7740(f)(2) once each sampling run. Determine and 
record the average pH level for the three runs.
    (4) If you are subject to the 99 percent reduction standard, 
calculate the mass emissions reduction using Equation 6 of this section:

[GRAPHIC] [TIFF OMITTED] TR07FE08.005

Where:

Ei = Mass emissions rate of TEA at control device inlet, 
          kilograms per hour (kg/hr); and
Eo = Mass emissions rate of TEA at control device outlet, kg/
          hr.

    (h) To determine compliance with the PM or total metal HAP emissions 
limits in Sec.  63.7690(a)(1) through (6) when one or more regulated 
emissions sources are combined with either another regulated emissions 
source subject to a different emissions limit or other non-regulated 
emissions sources, you may demonstrate compliance using one of the 
procedures in paragraphs (h)(1) through (3) of this section.
    (1) Meet the most stringent applicable emissions limit for the 
regulated emissions sources included in the combined emissions stream 
for the combined emissions stream.
    (2) Use the procedures in paragraphs (h)(2)(i) through (iii) of this 
section.
    (i) Determine the volumetric flow rate of the individual regulated 
streams for which emissions limits apply.
    (ii) Calculate the flow-weighted average emissions limit, 
considering only the regulated streams, using Equation 5 of this 
section, except Cw is the flow-weighted average emissions 
limit for PM or total metal HAP in the exhaust stream, gr/dscf; and 
Ci is the concentration of PM or total metal HAP in exhaust 
stream ``i'', gr/dscf.
    (iii) Meet the calculated flow-weighted average emissions limit for 
the regulated emissions sources included in the combined emissions 
stream for the combined emissions stream.
    (3) Use the procedures in paragraphs (h)(3)(i) through (iii) of this 
section.
    (i) Determine the PM or total metal HAP concentration of each of the 
regulated streams prior to the combination with other exhaust streams or 
control device.
    (ii) Measure the flow rate and PM or total metal HAP concentration 
of the combined exhaust stream both before and after the control device 
and calculate the mass removal efficiency of the control device using 
Equation 6 of this section, except Ei is the mass emissions 
rate of PM or total metal HAP at the control device inlet, lb/hr and 
Eo is the mass emissions rate of PM or total metal HAP at the 
control device outlet, lb/hr.
    (iii) Meet the applicable emissions limit based on the calculated PM 
or total metal HAP concentration for the regulated emissions sources 
using Equation 7 of this section:

[GRAPHIC] [TIFF OMITTED] TR07FE08.006

Where:

Creleased = Calculated concentration of PM (or total metal 
          HAP) predicted to be released to the atmosphere from the 
          regulated emissions source, gr/dscf; and
Ci = Concentration of PM (or total metal HAP) in the 
          uncontrolled regulated exhaust stream, gr/dscf.

    (i) To determine compliance with an emissions limit for situations 
when multiple sources are controlled by a single control device, but 
only one source operates at a time, or other situations that are not 
expressly considered in paragraphs (b) through (h) of this section, a 
site-specific test plan

[[Page 243]]

should be submitted to the Administrator for approval according to the 
requirements in Sec.  63.7(c)(2) and (3).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7219, Feb. 7, 2008; 85 
FR 56096, Sept. 10, 2020]



Sec.  63.7733  What procedures must I use to establish operating limits?

    (a) For each capture system subject to operating limits in Sec.  
63.7690(b)(1)(ii), you must establish site-specific operating limits in 
your operation and maintenance plan according to the procedures in 
paragraphs (a)(1) through (3) of this section.
    (1) Concurrent with applicable emissions and opacity tests, measure 
and record values for each of the operating limit parameters in your 
capture system operation and maintenance plan according to the 
monitoring requirements in Sec.  63.7740(a).
    (2) For any dampers that are manually set and remain at the same 
position at all times the capture system is operating, the damper 
position must be visually checked and recorded at the beginning and end 
of each run.
    (3) Review and record the monitoring data. Identify and explain any 
times the capture system operated outside the applicable operating 
limits.
    (b) For each wet scrubber subject to the operating limits in Sec.  
63.7690(b)(2) for pressure drop and scrubber water flow rate, you must 
establish site-specific operating limits according to the procedures 
specified in paragraphs (b)(1) and (2) of this section.
    (1) Using the CPMS required in Sec.  63.7740(c), measure and record 
the pressure drop and scrubber water flow rate in intervals of no more 
than 15 minutes during each PM test run.
    (2) Compute and record the average pressure drop and average 
scrubber water flow rate for each valid sampling run in which the 
applicable emissions limit is met.
    (c) For each combustion device applied to emissions from a scrap 
preheater or TEA cold box mold or core making line subject to the 
operating limit in Sec.  63.7690(b)(4) for combustion zone temperature, 
you must establish a site-specific operating limit according to the 
procedures specified in paragraphs (c)(1) and (2) of this section.
    (1) Using the CPMS required in Sec.  63.7740(e), measure and record 
the combustion zone temperature during each sampling run in intervals of 
no more than 15 minutes.
    (2) Compute and record the average combustion zone temperature for 
each valid sampling run in which the applicable emissions limit is met.
    (d) For each acid wet scrubber subject to the operating limit in 
Sec.  63.7690(b)(5), you must establish a site-specific operating limit 
for scrubbing liquid flow rate according to the procedures specified in 
paragraphs (d)(1) and (2) of this section.
    (1) Using the CPMS required in Sec.  63.7740(f), measure and record 
the scrubbing liquid flow rate during each TEA sampling run in intervals 
of no more than 15 minutes.
    (2) Compute and record the average scrubbing liquid flow rate for 
each valid sampling run in which the applicable emissions limit is met.
    (e) You may change the operating limits for a capture system, wet 
scrubber, acid wet scrubber, or combustion device if you meet the 
requirements in paragraphs (e)(1) through (3) of this section.
    (1) Submit a written notification to the Administrator of your 
request to conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate compliance with the 
applicable emissions limitation in Sec.  63.7690.
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) through (d) of this section.
    (f) You may use a previous performance test (conducted since 
December 22, 2002) to establish an operating limit provided the test 
meets the requirements of this subpart.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]



Sec.  63.7734  How do I demonstrate initial compliance with the emissions
limitations that apply to me?

    (a) You have demonstrated initial compliance with the emissions 
limits in Sec.  63.7690(a) by meeting the applicable conditions in 
paragraphs (a)(1) through (11) of this section. When alternative

[[Page 244]]

emissions limitations are provided for a given emissions source, you are 
not restricted in the selection of which applicable alternative 
emissions limitation is used to demonstrate compliance.
    (1) For each electric arc metal melting furnace, electric induction 
metal melting furnace, or scrap preheater at an existing iron and steel 
foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec.  63.7732(b), did 
not exceed 0.005 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec.  
63.7732(c), did not exceed 0.0004 gr/dscf.
    (2) For each cupola metal melting furnace at an existing iron and 
steel foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec.  63.7732(b), did 
not exceed 0.006 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec.  
63.7732(c), did not exceed 0.0005 gr/dscf; or
    (iii) The average PM mass emissions rate, determined according to 
the performance test procedures in Sec.  63.7732(b), did not exceed 0.10 
pound of PM per ton (lb/ton) of metal charged; or
    (iv) The average total metal HAP mass emissions rate, determined 
according to the performance test procedures in Sec.  63.7732(c), did 
not exceed 0.008 pound of total metal HAP per ton (lb/ton) of metal 
charged.
    (3) For each cupola metal melting furnace or electric arc metal 
melting furnace at a new iron and steel foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec.  63.7732(b), did 
not exceed 0.002 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec.  
63.7732(c), did not exceed 0.0002 gr/dscf.
    (4) For each electric induction metal melting furnace or scrap 
preheater at a new iron and steel foundry,
    (i) The average PM concentration in the exhaust stream, determined 
according to the performance test procedures in Sec.  63.7732(b), did 
not exceed 0.001 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec.  
63.7732(c), did not exceed 0.00008 gr/dscf.
    (5) For each pouring station at an existing iron and steel foundry,
    (i) The average PM concentration in the exhaust stream, measured 
according to the performance test procedures in Sec.  63.7732(b), did 
not exceed 0.010 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec.  
63.7732(c), did not exceed 0.0008 gr/dscf.
    (6) For each pouring area or pouring station at a new iron and steel 
foundry,

[[Page 245]]

    (i) The average PM concentration in the exhaust stream, measured 
according to the performance test procedures in Sec.  63.7732(b), did 
not exceed 0.002 gr/dscf; or
    (ii) The average total metal HAP concentration in the exhaust 
stream, determined according to the performance test procedures in Sec.  
63.7732(c), did not exceed 0.0002 gr/dscf.
    (7) For each building or structure housing any iron and steel 
foundry emissions source at the iron and steel foundry, the opacity of 
fugitive emissions from foundry operations discharged to the atmosphere, 
determined according to the performance test procedures in Sec.  
63.7732(d), did not exceed 20 percent (6-minute average), except for one 
6-minute average per hour that did not exceed 27 percent opacity.
    (8) For each cupola metal melting furnace at a new or existing iron 
and steel foundry, the average VOHAP concentration, determined according 
to the performance test procedures in Sec.  63.7732(e), did not exceed 
20 ppmv corrected to 10 percent oxygen.
    (9) For each scrap preheater at an existing iron and steel foundry 
that does not meet the work practice standards in Sec.  63.7700(e)(1) or 
(2) and for each scrap preheater at a new iron and steel foundry that 
does not meet the work practice standard in Sec.  63.7700(f), the 
average VOHAP concentration determined according to the performance test 
procedures in Sec.  63.7732(e), did not exceed 20 ppmv.
    (10) For one or more automated conveyor and pallet cooling lines 
that use a sand mold system or automated shakeout lines that use a sand 
mold system at a new foundry,
    (i) You have reduced the data from the CEMS to 3-hour averages 
according to the performance test procedures in Sec.  63.7732(f)(1) or 
(2); and
    (ii) The 3-hour flow-weighted average VOHAP concentration, measured 
according to the performance test procedures in Sec.  63.7332(f)(1) or 
(2), did not exceed 20 ppmv.
    (11) For each TEA cold box mold or core making line in a new or 
existing iron and steel foundry, the average TEA concentration, 
determined according to the performance test procedures in Sec.  
63.7732(g), did not exceed 1 ppmv or was reduced by 99 percent.
    (b) You have demonstrated initial compliance with the operating 
limits in Sec.  63.7690(b) if:
    (1) For each capture system subject to the operating limit in Sec.  
63.7690(b)(1)(ii),
    (i) You have established appropriate site-specific operating limits 
in your operation and maintenance plan according to the requirements in 
Sec.  63.7710(b); and
    (ii) You have a record of the operating parameter data measured 
during the performance test in accordance with Sec.  63.7733(a); and
    (2) For each wet scrubber subject to the operating limits in Sec.  
63.7690(b)(2) for pressure drop and scrubber water flow rate, you have 
established appropriate site-specific operating limits and have a record 
of the pressure drop and scrubber water flow rate measured during the 
performance test in accordance with Sec.  63.7733(b).
    (3) For each combustion device subject to the operating limit in 
Sec.  63.7690(b)(3) for combustion zone temperature, you have a record 
of the combustion zone temperature measured during the performance test 
in accordance with Sec.  63.7732(e)(4).
    (4) For each combustion device subject to the operating limit in 
Sec.  63.7690(b)(4) for combustion zone temperature, you have 
established appropriate site-specific operating limits and have a record 
of the combustion zone temperature measured during the performance test 
in accordance with Sec.  63.7733(c).
    (5) For each acid wet scrubber subject to the operating limits in 
Sec.  63.7690(b)(5) for scrubbing liquid flow rate and scrubber blowdown 
pH,
    (i) You have established appropriate site-specific operating limits 
for the scrubbing liquid flow rate and have a record of the scrubbing 
liquid flow rate measured during the performance test in accordance with 
Sec.  63.7733(d); and
    (ii) You have a record of the pH of the scrubbing liquid blowdown 
measured during the performance test in accordance with Sec.  
63.7732(g)(3).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

[[Page 246]]



Sec.  63.7735  How do I demonstrate initial compliance with the work
practice standards that apply to me?

    (a) For each iron and steel foundry subject to the certification 
requirement in Sec.  63.7700(b), you have demonstrated initial 
compliance if you have certified in your notification of compliance 
status that: ``At all times, your foundry will purchase and use only 
metal ingots, pig iron, slitter, or other materials that do not include 
post-consumer automotive body scrap, post-consumer engine blocks, post-
consumer oil filters, oily turnings, lead components, mercury switches, 
plastics, or free organic liquids.''
    (b) For each iron and steel foundry subject to the requirements in 
Sec.  63.7700(c) for a scrap inspection and selection plan, you have 
demonstrated initial compliance if you have certified in your 
notification of compliance status that:
    (1) You have submitted a written plan to the Administrator for 
approval according to the requirements in Sec.  63.7700(c); and
    (2) You will operate at all times according to the plan 
requirements.
    (c) For each furan warm box mold or core making line in a new or 
existing foundry subject to the work practice standard in Sec.  
63.7700(d), you have demonstrated initial compliance if you have 
certified in your notification of compliance status that:
    (1) You will meet the no methanol requirement for the catalyst 
portion of each binder chemical formulation; and
    (2) You have records documenting your certification of compliance, 
such as a material safety data sheet (provided that it contains 
appropriate information), a certified product data sheet, or a 
manufacturer's hazardous air pollutant data sheet, onsite and available 
for inspection.
    (d) For each scrap preheater at an existing iron and steel foundry 
subject to the work practice standard in Sec.  63.7700(e)(1) or (2), you 
have demonstrated initial compliance if you have certified in your 
notification of compliance status that:
    (1) You have installed a gas-fired preheater where the flame 
directly contacts the scrap charged, you will operate and maintain each 
gas-fired scrap preheater such that the flame directly contacts the 
scrap charged, and you have records documenting your certification of 
compliance that are onsite and available for inspection; or
    (2) You will charge only material that is subject to and in 
compliance with the scrap certification requirements in Sec.  63.7700(b) 
and you have records documenting your certification of compliance that 
are onsite and available for inspection.
    (e) For each scrap preheater at a new iron and steel foundry subject 
to the work practice standard in Sec.  63.7700(f), you have demonstrated 
initial compliance if you have certified in your notification of 
compliance status that you will charge only material that is subject to 
and in compliance with the scrap certification requirements in Sec.  
63.7700(b) and you have records documenting your certification of 
compliance that are onsite and available for inspection.

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005]



Sec.  63.7736  How do I demonstrate initial compliance with the operation
and maintenance requirements that apply to me?

    (a) For each capture system subject to an operating limit in Sec.  
63.7690(b), you have demonstrated initial compliance if you have met the 
conditions in paragraphs (a)(1) and (2) of this section.
    (1) You have certified in your notification of compliance status 
that:
    (i) You have submitted the capture system operation and maintenance 
plan to the Administrator for approval according to the requirements of 
Sec.  63.7710(b); and
    (ii) You will inspect, operate, and maintain each capture system 
according to the procedures in the plan.
    (2) You have certified in your performance test report that the 
system operated during the test at the operating limits established in 
your operation and maintenance plan.
    (b) For each control device subject to an operating limit in Sec.  
63.7690(b), you have demonstrated initial compliance if you have 
certified in your notification of compliance status that:
    (1) You have submitted the control device operation and maintenance 
plan

[[Page 247]]

to the Administrator for approval according to the requirements of Sec.  
63.7710(b); and
    (2) You will inspect, operate, and maintain each control device 
according to the procedures in the plan.
    (c) For each bag leak detection system, you have demonstrated 
initial compliance if you have certified in your notification of 
compliance status that:
    (1) You have submitted the bag leak detection system monitoring 
information to the Administrator within the written O&M plan for 
approval according to the requirements of Sec.  63.7710(b);
    (2) You will inspect, operate, and maintain each bag leak detection 
system according to the procedures in the plan; and
    (3) You will follow the corrective action procedures for bag leak 
detection system alarms according to the requirements in the plan.
    (d) For each pouring area and pouring station in a new or existing 
foundry, you have demonstrated initial compliance if you have certified 
in your notification of compliance status report that:
    (1) You have submitted the mold vent ignition plan to the 
Administrator for approval according to the requirements in Sec.  
63.7710(b); and
    (2) You will follow the procedures for igniting mold vent gases 
according to the requirements in the plan.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008]

                   Continuous Compliance Requirements



Sec.  63.7740  What are my monitoring requirements?

    (a) For each capture system subject to an operating limit in Sec.  
63.7690(b)(1), you must install, operate, and maintain a CPMS according 
to the requirements in Sec.  63.7741(a) and the requirements in 
paragraphs (a)(1) and (2) of this section.
    (1) If you use a flow measurement device to monitor the operating 
limit parameter, you must at all times monitor the hourly average rate 
(e.g., the hourly average actual volumetric flow rate through each 
separately ducted hood or the average hourly total volumetric flow rate 
at the inlet to the control device).
    (2) Dampers that are manually set and remain in the same position 
are exempt from the requirement to install and operate a CPMS. If 
dampers are not manually set and remain in the same position, you must 
make a visual check at least once every 24 hours to verify that each 
damper for the capture system is in the same position as during the 
initial performance test.
    (b) For each negative pressure baghouse or positive pressure 
baghouse equipped with a stack that is applied to meet any PM or total 
metal HAP emissions limitation in this subpart, you must at all times 
monitor the relative change in PM loadings using a bag leak detection 
system according to the requirements in Sec.  63.7741(b).
    (c) For each baghouse, regardless of type, that is applied to meet 
any PM or total metal HAP emissions limitation in this subpart, you must 
conduct inspections at their specified frequencies according to the 
requirements specified in paragraphs (c)(1) through (8) of this section.
    (1) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range identified in 
the manual.
    (2) Confirm that dust is being removed from hoppers through weekly 
visual inspections or other means of ensuring the proper functioning of 
removal mechanisms.
    (3) Check the compressed air supply for pulse-jet baghouses each 
day.
    (4) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology.
    (5) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspections or equivalent means.
    (6) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are not kinked (kneed or bent) 
or lying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices.
    (7) Confirm the physical integrity of the baghouse through quarterly 
visual inspections of the baghouse interior for air leaks.

[[Page 248]]

    (8) Inspect fans for wear, material buildup, and corrosion through 
quarterly visual inspections, vibration detectors, or equivalent means.
    (d) For each wet scrubber subject to the operating limits in Sec.  
63.7690(b)(2), you must at all times monitor the 3-hour average pressure 
drop and scrubber water flow rate using CPMS according to the 
requirements in Sec.  63.7741(c).
    (e) For each combustion device subject to the operating limit in 
Sec.  63.7690(b)(3) or the work practice standard in Sec.  
63.7700(g)(2)(i), you must at all times monitor the 15-minute average 
combustion zone temperature using a CPMS according to the requirements 
of Sec.  63.7741(d).
    (f) For each combustion device subject to the operating limit in 
Sec.  63.7690(b)(4), you must at all times monitor the 3-hour average 
combustion zone temperature using CPMS according to the requirements in 
Sec.  63.7741(d).
    (g) For each wet acid scrubber subject to the operating limits in 
Sec.  63.7690(b)(5),
    (1) You must at all times monitor the 3-hour average scrubbing 
liquid flow rate using CPMS according to the requirements of Sec.  
63.7741(e)(1); and
    (2) You must at all times monitor the 3-hour average pH of the 
scrubber blowdown using CPMS according to the requirements in Sec.  
63.7741(e)(2) or measure and record the pH of the scrubber blowdown once 
per production cycle using a pH probe and meter according to the 
requirements in Sec.  63.7741(e)(3).
    (h) For one or more automated conveyor and pallet cooling lines and 
automated shakeout lines at a new iron and steel foundry subject to the 
VOHAP emissions limit in Sec.  63.7690(a)(10), you must at all times 
monitor the 3-hour average VOHAP concentration using a CEMS according to 
the requirements of Sec.  63.7741(g).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008; 85 
FR 56096, Sept. 10, 2020]



Sec.  63.7741  What are the installation, operation, and maintenance
requirements for my monitors?

    (a) For each capture system subject to an operating limit in Sec.  
63.7690(b)(1), you must install, operate, and maintain each CPMS 
according to the requirements in paragraphs (a)(1) through (3) of this 
section.
    (1) If you use a flow measurement device to monitor an operating 
limit parameter for a capture system, you must meet the requirements in 
paragraphs (a)(1)(i) through (iv) of this section.
    (i) Locate the flow sensor and other necessary equipment such as 
straightening vanes in a position that provides a representative flow 
and that reduces swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (ii) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the flow rate.
    (iii) Conduct a flow sensor calibration check at least semiannually.
    (iv) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (2) If you use a pressure measurement device to monitor the 
operating limit parameter for a capture system, you must meet the 
requirements in paragraphs (a)(2)(i) through (vi) of this section.
    (i) Locate the pressure sensor(s) in or as close as possible to a 
position that provides a representative measurement of the pressure and 
that minimizes or eliminates pulsating pressure, vibration, and internal 
and external corrosion.
    (ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (iii) Check the pressure tap for pluggage daily. If a ``non-
clogging'' pressure tap is used, check for pluggage monthly.
    (iv) Using a manometer or equivalent device such as a magnahelic or 
other pressure indicating transmitter, check gauge and transducer 
calibration quarterly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (vi) At least monthly, visually inspect all components, including 
all

[[Page 249]]

electrical and mechanical connections, for proper functioning.
    (3) Record the results of each inspection, calibration, and 
validation check.
    (b) For each negative pressure baghouse or positive pressure 
baghouse equipped with a stack that is applied to meet any PM or total 
metal HAP emissions limitation in this subpart, you must install, 
operate, and maintain a bag leak detection system according to the 
requirements in paragraphs (b)(1) through (7) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings and the owner or operator shall 
continuously record the output from the bag leak detection system using 
electronic or other means (e.g., using a strip chart recorder or a data 
logger).
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over the alarm 
set point established in the operation and maintenance plan, and the 
alarm must be located such that it can be heard by the appropriate plant 
personnel.
    (4) The initial adjustment of the system must, at 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 (if applicable).
    (5) Following the initial adjustment, do not adjust the sensitivity 
or range, averaging period, alarm set point, or alarm delay time without 
approval from the Administrator. Except, once per quarter, you may 
adjust the sensitivity of the bag leak detection system to account for 
seasonable effects including temperature and humidity according to the 
procedures in the operation and maintenance plan required by Sec.  
63.7710(b).
    (6) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detector sensor must be installed downstream of the 
baghouse and upstream of any wet scrubber.
    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) For each wet scrubber subject to the operating limits in Sec.  
63.7690(b)(2), you must install and maintain CPMS to measure and record 
the pressure drop and scrubber water flow rate according to the 
requirements in paragraphs (c)(1) and (2) of this section.
    (1) For each CPMS for pressure drop you must:
    (i) Locate the pressure sensor in or as close as possible to a 
position that provides a representative measurement of the pressure drop 
and that minimizes or eliminates pulsating pressure, vibration, and 
internal and external corrosion.
    (ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (iii) Check the pressure tap for pluggage daily. If a ``non-
clogging'' pressure tap is used, check for pluggage monthly.
    (iv) Using a manometer or equivalent device such as a magnahelic or 
other pressure indicating transmitter, check gauge and transducer 
calibration quarterly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range, or install a 
new pressure sensor.
    (vi) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (2) For each CPMS for scrubber liquid flow rate, you must:
    (i) Locate the flow sensor and other necessary equipment in a 
position that provides a representative flow and that reduces swirling 
flow or abnormal velocity distributions due to upstream and downstream 
disturbances.
    (ii) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the flow rate.

[[Page 250]]

    (iii) Conduct a flow sensor calibration check at least semiannually 
according to the manufacturer's instructions.
    (iv) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (d) For each combustion device subject to the operating limit in 
Sec.  63.7690(b)(3) or (4) or the work practice standard in Sec.  
63.7700(g)(2)(i), you must install and maintain a CPMS to measure and 
record the combustion zone temperature according to the requirements in 
paragraphs (d)(1) through (8) of this section.
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a noncryogenic temperature range, use a temperature sensor 
with a minimum tolerance of 2.2 [deg]C or 0.75 percent of the 
temperature value, whichever is larger.
    (3) For a cryogenic temperature range, use a temperature sensor with 
a minimum tolerance of 2.2 [deg]C or 2 percent of the temperature value, 
whichever is larger.
    (4) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (5) If you use a chart recorder, it must have a sensitivity in the 
minor division of at least 20 [deg]F.
    (6) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, conduct a temperature sensor 
validation check, in which a second or redundant temperature sensor 
placed nearby the process temperature sensor must yield a reading within 
16.7 [deg]C of the process temperature sensor's reading.
    (7) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range, or install a new temperature sensor.
    (8) At least monthly, visually inspect all components, including all 
electrical and mechanical connections, for proper functioning.
    (e) For each wet acid scrubber subject to the operating limits in 
Sec.  63.7690(b)(5), you must:
    (1) Install and maintain CPMS to measure and record the scrubbing 
liquid flow rate according to the requirements in paragraph (c)(2) of 
this section; and
    (2) Install and maintain CPMS to measure and record the pH of the 
scrubber blowdown according to the requirements in paragraph (e)(2)(i) 
through (iv) of this section.
    (i) Locate the pH sensor in a position that provides a 
representative measurement of the pH and that minimizes or eliminates 
internal and external corrosion.
    (ii) Use a gauge with a minimum measurement sensitivity of 0.1 pH or 
a transducer with a minimum measurement sensitivity of 5 percent of the 
pH range.
    (iii) Check gauge calibration quarterly and transducer calibration 
monthly using a manual pH gauge.
    (iv) At least monthly, visually inspect all components, including 
all electrical and mechanical connections, for proper functioning.
    (3) As an alternative to the CPMS required in paragraph (e)(2) of 
this section, you may use a pH probe to extract a sample for analysis by 
a pH meter that meets the requirements in paragraphs (e)(3)(i) through 
(iii) of this section.
    (i) The pH meter must have a range of at least 1 to 5 or more;
    (ii) The pH meter must have an accuracy of 0.1; and
    (iii) The pH meter must have a resolution of at least 0.1 pH.
    (f) You must operate each CPMS used to meet the requirements of this 
subpart according to the requirements specified in paragraphs (f)(1) 
through (3) of this section.
    (1) Each CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of three of 
the required four data points to constitute a valid hour of data.
    (2) Each CPMS must have valid hourly data for 100 percent of every 
averaging period.

[[Page 251]]

    (3) Each CPMS must determine and record the hourly average of all 
recorded readings and the 3-hour average of all recorded readings.
    (g) For each automated conveyor and pallet cooling line and 
automated shakeout line at a new iron and steel foundry subject to the 
VOHAP emissions limit in Sec.  63.7690(a)(10), you must install, 
operate, and maintain a CEMS to measure and record the concentration of 
VOHAP emissions according to the requirements in paragraphs (g)(1) 
through (3) of this section.
    (1) You must install, operate, and maintain each CEMS according to 
Performance Specification 8 in 40 CFR part 60, appendix B.
    (2) You must conduct a performance evaluation of each CEMS according 
to the requirements of Sec.  63.8 and Performance Specification 8 in 40 
CFR part 60, appendix B.
    (3) You must operate each CEMS according to the requirements 
specified in paragraph (g)(3)(i) through (iv) of this section.
    (i) As specified in Sec.  63.8(c)(4)(ii), each CEMS must complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period.
    (ii) You must reduce CEMS data as specified in Sec.  63.8(g)(2).
    (iii) Each CEMS must determine and record the 3-hour average 
emissions using all the hourly averages collected for periods during 
which the CEMS is not out-of-control.
    (iv) Record the results of each inspection, calibration, and 
validation check.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7221, Feb. 7, 2008; 85 
FR 56096, Sept. 10, 2020]



Sec.  63.7742  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or control activities (including as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) any time a source of emissions is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emissions or operating 
levels or to fulfill a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance.
    (c) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring system to provide valid 
data. Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions.



Sec.  63.7743  How do I demonstrate continuous compliance with the emissions
limitations that apply to me?

    (a) You must demonstrate continuous compliance by meeting the 
applicable conditions in paragraphs (a)(1) through (12) of this section. 
When alternative emissions limitations are provided for a given 
emissions source, you must comply with the alternative emissions 
limitation most recently selected as your compliance alternative.
    (1) For each electric arc metal melting furnace, electric induction 
metal melting furnace, or scrap preheater at an existing iron and steel 
foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.005 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0004 gr/dscf.
    (2) For each cupola metal melting furnace at an existing iron and 
steel foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.006 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0005 gr/dscf; or
    (iii) Maintaining the average PM mass emissions rate at or below 
0.10 pound of PM per ton (lb/ton) of metal charged; or
    (iv) Maintaining the average total metal HAP mass emissions rate at 
or below 0.008 pound of total metal HAP per ton (lb/ton) of metal 
charged.
    (3) For each cupola metal melting furnace or electric arc metal 
melting furnace at new iron and steel foundry,

[[Page 252]]

(i) Maintaining the average PM concentration in the exhaust stream at or 
below 0.002 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0002 gr/dscf.
    (4) For each electric induction metal melting furnace or scrap 
preheater at a new iron and steel foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.001 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.00008 gr/dscf.
    (5) For each pouring station at an existing iron and steel foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.010 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0008 gr/dscf.
    (6) For each pouring area or pouring station at a new iron and steel 
foundry,
    (i) Maintaining the average PM concentration in the exhaust stream 
at or below 0.002 gr/dscf; or
    (ii) Maintaining the average total metal HAP concentration in the 
exhaust stream at or below 0.0002 gr/dscf.
    (7) For each building or structure housing any iron and steel 
foundry emissions source at the iron and steel foundry, maintaining the 
opacity of any fugitive emissions from foundry operations discharged to 
the atmosphere at or below 20 percent opacity (6-minute average), except 
for one 6-minute average per hour that does not exceed 27 percent 
opacity.
    (8) For each cupola metal melting furnace at a new or existing iron 
and steel foundry, maintaining the average VOHAP concentration in the 
exhaust stream at or below 20 ppmv corrected to 10 percent oxygen.
    (9) For each scrap preheater at an existing new iron and steel 
foundry that does not comply with the work practice standard in Sec.  
63.7700(e)(1) or (2) and for each scrap preheater at a new iron and 
steel foundry that does not comply with the work practice standard in 
Sec.  63.7700(f), maintaining the average VOHAP concentration in the 
exhaust stream at or below 20 ppmv.
    (10) For one or more automated conveyor and pallet cooling lines or 
automated shakeout lines that use a sand mold system at a new iron and 
steel foundry,
    (i) Maintaining the 3-hour flow-weighted average VOHAP concentration 
in the exhaust stream at or below 20 ppmv;
    (ii) Inspecting and maintaining each CEMS according to the 
requirements of Sec.  63.7741(g) and recording all information needed to 
document conformance with these requirements; and
    (iii) Collecting and reducing monitoring data for according to the 
requirements of Sec.  63.7741(g) and recording all information needed to 
document conformance with these requirements.
    (11) For each TEA cold box mold or core making line at a new or 
existing iron and steel foundry, maintaining a 99 percent reduction in 
the VOHAP concentration in the exhaust stream or maintaining the average 
VOHAP concentration in the exhaust stream at or below 1 ppmv.
    (12) Conducting subsequent performance tests at least every 5 years 
for each emissions source subject to an emissions limit for PM, total 
metal HAP, VOHAP, or TEA in Sec.  63.7690(a) and subsequent performance 
tests at least every 6 months for each building or structure subject to 
the opacity limit in Sec.  63.7690(a)(7).
    (b) You must demonstrate continuous compliance for each capture 
system subject to an operating limit in Sec.  63.7690(b)(1) by meeting 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) Operating the capture system at or above the lowest values or 
settings established for the operating limits in your operation and 
maintenance plan; and
    (2) Monitoring the capture system according to the requirements in 
Sec.  63.7740(a) and collecting, reducing, and recording the monitoring 
data for each of the operating limit parameters according to the 
applicable requirements in this subpart.
    (c) For each baghouse,
    (1) Inspecting and maintaining each baghouse according to the 
requirements of Sec.  63.7740(c)(1) through (8) and recording all 
information needed to document conformance with these requirements; and

[[Page 253]]

    (2) If the baghouse is equipped with a bag leak detection system, 
maintaining records of the times the bag leak detection system sounded, 
and for each valid alarm, the time you initiated corrective action, the 
corrective action taken, and the date on which corrective action was 
completed.
    (d) For each wet scrubber that is subject to the operating limits in 
Sec.  63.7690(b)(2), you must demonstrate continuous compliance by:
    (1) Maintaining the 3-hour average pressure drop and 3-hour average 
scrubber water flow rate at levels no lower than those established 
during the initial or subsequent performance test;
    (2) Inspecting and maintaining each CPMS according to the 
requirements of Sec.  63.7741(c) and recording all information needed to 
document conformance with these requirements; and
    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according to the requirements of Sec.  
63.7741(f) and recording all information needed to document conformance 
with these requirements.
    (e) For each combustion device that is subject to the operating 
limit in Sec.  63.7690(b)(3), you must demonstrate continuous compliance 
by:
    (1) Maintaining the 15-minute average combustion zone temperature at 
a level no lower than 1,300 [deg]F;
    (2) Inspecting and maintaining each CPMS according to the 
requirements of Sec.  63.7741(d) and recording all information needed to 
document conformance with these requirements; and
    (3) Collecting and reducing monitoring data for combustion zone 
temperature according to the requirements of Sec.  63.7741(f) and 
recording all information needed to document conformance with these 
requirements.
    (f) For each combustion device that is subject to the operating 
limit in Sec.  63.7690(b)(4), you must demonstrate continuous compliance 
by:
    (1) Maintaining the 3-hour average combustion zone temperature at a 
level no lower that established during the initial or subsequent 
performance test;
    (2) Inspecting and maintaining each CPMS according to the 
requirements of Sec.  63.7741(d) and recording all information needed to 
document conformance with these requirements; and
    (3) Collecting and reducing monitoring data for combustion zone 
temperature according to the requirements of Sec.  63.7741(f) and 
recording all information needed to document conformance with these 
requirements.
    (g) For each acid wet scrubber subject to the operating limits in 
Sec.  63.7690(b)(5), you must demonstrate continuous compliance by:
    (1) Maintaining the 3-hour average scrubbing liquid flow rate at a 
level no lower than the level established during the initial or 
subsequent performance test;
    (2) Maintaining the 3-hour average pH of the scrubber blowdown at a 
level no higher than 4.5 (if measured by a CPMS) or maintaining the pH 
level of the scrubber blowdown during each production shift no higher 
than 4.5;
    (3) Inspecting and maintaining each CPMS according to the 
requirements of Sec.  63.7741(e) and recording all information needed to 
document conformance with these requirements; and
    (4) Collecting and reducing monitoring data for scrubbing liquid 
flow rate and scrubber blowdown pH according to the requirements of 
Sec.  63.7741(f) and recording all information needed to document 
conformance with these requirements. If the pH level of the scrubber 
blowdown is measured by a probe and meter, you must demonstrate 
continuous compliance by maintaining records that document the date, 
time, and results of each sample taken for each production shift.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008]



Sec.  63.7744  How do I demonstrate continuous compliance with the work
practice standards that apply to me?

    (a) You must maintain records that document continuous compliance 
with the certification requirements in Sec.  63.7700(b) or with the 
procedures in your scrap selection and inspection plan required in Sec.  
63.7700(c). Your records documenting compliance with the scrap selection 
and inspection plan must include a copy (kept onsite) of the procedures 
used by the scrap supplier for either removing accessible

[[Page 254]]

mercury switches or for purchasing automobile bodies that have had 
mercury switches removed, as applicable.
    (b) You must keep records of the chemical composition of all 
catalyst binder formulations applied in each furan warm box mold or core 
making line at a new or existing iron and steel foundry to demonstrate 
continuous compliance with the requirements in Sec.  63.7700(d).
    (c) For a scrap preheater at an existing iron and steel foundry, you 
must operate and maintain each gas-fired preheater such that the flame 
directly contacts the scrap charged to demonstrate continuous compliance 
with the requirement Sec.  63.7700(e)(1). If you choose to meet the work 
practice standard in Sec.  63.7700(e)(2), you must keep records to 
document that the scrap preheater charges only material that is subject 
to and in compliance with the scrap certification requirements in Sec.  
63.7700(b).
    (d) For a scrap preheater at a new iron and steel foundry, you must 
keep records to document that each scrap preheater charges only material 
that is subject to and in compliance with the scrap certification 
requirements in Sec.  63.7700(b) to demonstrate continuous compliance 
with the requirement in Sec.  63.7700(f).
    (e) For each cupola furnace at a new or existing iron and steel 
foundry in off blast, you must keep daily records to document the 
relevant times of off blast, in conjunction with the requirements to 
monitor and record the combustion zone temperature for the cupola's 
thermal combustion control device as required in Sec. Sec.  63.7740(e) 
and 63.7741(d), to demonstrate continuous compliance with the 
requirements in Sec.  63.7700(g). The relevant times of off blast 
include: The time blast air is started to begin the coke bed burn-in, 
the time the cupola afterburner or other thermal combustion device is 
lit, and the time metal production starts during cupola startup; the 
time when metal production ends, the time slag removal is completed, and 
the time the afterburner or other thermal combustion device is turned 
off during cupola shutdown; and the times idling starts and stops.

[69 FR 21923, Apr. 22, 2004, as amended at 85 FR 56096, Sept. 10, 2020]



Sec.  63.7745  How do I demonstrate continuous compliance with the
operation and maintenance requirements that apply to me?

    (a) For each capture system and control device for an emissions 
source subject to an emissions limit in Sec.  63.7690(a), you must 
demonstrate continuous compliance with the operation and maintenance 
requirements of Sec.  63.7710 by:
    (1) Making monthly inspections of capture systems and initiating 
corrective action according to Sec.  63.7710(b)(1) and recording all 
information needed to document conformance with these requirements;
    (2) Performing preventative maintenance for each control device 
according to the preventive maintenance plan required by Sec.  
63.7710(b)(3) and recording all information needed to document 
conformance with these requirements;
    (3) Operating and maintaining each bag leak detection system 
according to the site-specific monitoring plan required by Sec.  
63.7710(b)(4) and recording all information needed to demonstrate 
conformance with these requirements;
    (4) Initiating and completing corrective action for a bag leak 
detection system alarm according to the corrective action plan required 
by Sec.  63.7710(b)(5) and recording all information needed to document 
conformance with these requirements; and
    (5) Igniting gases from mold vents according to the procedures in 
the plan required by Sec.  63.7710(b)(6). (Any instance where you fail 
to follow the procedures is a deviation that must be included in your 
semiannual compliance report.)
    (b) You must maintain a current copy of the operation and 
maintenance plans required by Sec.  63.7710(b) onsite and available for 
inspection upon request. You must keep the plans for the life of the 
iron and steel foundry or until the iron and steel foundry is no longer 
subject to the requirements of this subpart.

[[Page 255]]



Sec.  63.7746  What other requirements must I meet to demonstrate 
continuous compliance?

    (a) Deviations. You must report each instance in which you did not 
meet each emissions limitation in Sec.  63.7690 (including each 
operating limit) that applies to you. This requirement includes periods 
of startup, shutdown, and malfunction. You also must report each 
instance in which you did not meet each work practice standard in Sec.  
63.7700 and each operation and maintenance requirement of Sec.  63.7710 
that applies to you. These instances are deviations from the emissions 
limitations, work practice standards, and operation and maintenance 
requirements in this subpart. These deviations must be reported 
according to the requirements of Sec.  63.7751.
    (b) [Reserved]

[69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006; 
85 FR 56097, Sept. 10, 2020]



Sec.  63.7747  How do I apply for alternative monitoring requirements for
a continuous emissions monitoring system?

    (a) You may request an alternative monitoring method to demonstrate 
compliance with the VOHAP emissions limits in Sec.  63.7690(a)(10) for 
automated pallet cooling lines or automated shakeout lines at a new iron 
and steel foundry according to the procedures in this section.
    (b) You can request approval to use an alternative monitoring method 
in the notification of construction or reconstruction for new sources, 
or at any time.
    (c) You must submit a monitoring plan that includes a description of 
the control technique or pollution prevention technique, a description 
of the continuous monitoring system or method including appropriate 
operating parameters that will be monitored, test results demonstrating 
compliance with the emissions limit, operating limit(s) (if applicable) 
determined according to the test results, and the frequency of measuring 
and recording to establish continuous compliance. If applicable, you 
must also include operation and maintenance requirements for the 
monitors.
    (d) The monitoring plan is subject to approval by the Administrator. 
Use of the alternative monitoring method must not begin until approval 
is granted by the Administrator.

                   Notifications, Reports, and Records



Sec.  63.7750  What notifications must I submit and when?

    (a) You must submit all of the notifications required by Sec. Sec.  
63.6(h)(4) and (5), 63.7(b) and (c); 63.8(e); 63.8(f)(4) and (6); 
63.9(b) through (h) that apply to you by the specified dates.
    (b) As specified in Sec.  63.9(b)(2), if you start up your iron and 
steel foundry before April 22, 2004, you must submit your initial 
notification no later than August 20, 2004, or no later than 120 days 
after the source becomes subject to this subpart, whichever is later.
    (c) If you start up your new iron and steel foundry on or after 
April 22, 2004, you must submit your initial notification no later than 
120 calendar days after you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required by Sec.  63.7(b)(1).
    (e) If you are required to conduct a performance test or other 
initial compliance demonstration, you must submit a notification of 
compliance status according to the requirements of Sec.  63.9(h)(2)(ii). 
For opacity performance tests, the notification of compliance status may 
be submitted with the semiannual compliance report in Sec.  63.7751(a) 
and (b) or the semiannual part 70 monitoring report in Sec.  63.7551(d).
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the notification of compliance status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the

[[Page 256]]

performance test according to the requirement specified in Sec.  
63.10(d)(2).

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008; 85 
FR 73913, Nov. 19, 2020]



Sec.  63.7751  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements 
specified in paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your iron and steel foundry by 
Sec.  63.7683 and ending on June 30 or December 31, whichever date comes 
first after the compliance date that is specified for your iron and 
steel foundry.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each iron and steel foundry that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of the dates specified in paragraphs (a)(1) through (4) of this 
section.
    (b) Compliance report contents. Each compliance report must include 
the information specified in paragraphs (b)(1) through (3) of this 
section and, as applicable, paragraphs (b)(4) through (8) of this 
section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) [Reserved]
    (5) If there were no deviations from any emissions limitations 
(including operating limit), work practice standards, or operation and 
maintenance requirements, a statement that there were no deviations from 
the emissions limitations, work practice standards, or operation and 
maintenance requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS or CEMS) was inoperable or out-of-control as 
specified by Sec.  63.8(c)(7), a statement that there were no periods 
during which the CPMS was inoperable or out-of-control during the 
reporting period.
    (7) For each affected source or equipment for which there was a 
deviation from an emissions limitation (including an operating limit, 
work practice standard, or operation and maintenance requirement) that 
occurs at an iron and steel foundry during the reporting period, the 
compliance report must contain the information specified in paragraphs 
(b)(7)(i) through (iii) of this section. The requirement in this 
paragraph (b)(7) includes periods of startup, shutdown, and malfunction.
    (i) A list of the affected source or equipment and the total 
operating time of each emissions source during the reporting period.
    (ii) For each deviation from an emissions limitation (including an 
operating limit, work practice standard, or operation and maintenance 
requirement) that occurs at an iron and steel foundry during the 
reporting period, report:
    (A) The date, start time, duration (in hours), and cause of each 
deviation (characterized as either startup, shutdown, control equipment 
problem, process problem, other known cause, or unknown cause, as 
applicable) and the corrective action taken; and
    (B) An estimate of the quantity of each regulated pollutant emitted 
over any emission limit and a description of

[[Page 257]]

the method used to estimate the emissions.
    (iii) A summary of the total duration (in hours) of the deviations 
that occurred during the reporting period by cause (characterized as 
startup, shutdown, control equipment problems, process problems, other 
known causes, and unknown causes) and the cumulative duration of 
deviations during the reporting period across all causes both in hours 
and as a percent of the total source operating time during the reporting 
period.
    (8) For each continuous monitoring system (including a CPMS or CEMS) 
used to comply with the emissions limitation or work practice standard 
in this subpart that was inoperable or out-of-control during any portion 
of the reporting period, you must include the information specified in 
paragraphs (b)(8)(i) through (vi) of this section. The requirement in 
this paragraph (b)(8) includes periods of startup, shutdown, and 
malfunction.
    (i) A brief description of the continuous monitoring system, 
including manufacturer and model number.
    (ii) The date of the latest continuous monitoring system 
certification or audit.
    (iii) A brief description and the total operating time of the 
affected source or equipment that is monitored by the continuous 
monitoring system during the reporting period.
    (iv) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (v) For each period for which the continuous monitoring system was 
inoperable or out-of-control during the reporting period, report:
    (A) The date, start time, and duration (in hours) of the deviation;
    (B) The type of deviation (inoperable or out-of-control); and
    (C) The cause of deviation (characterized as monitoring system 
malfunctions, non-monitoring equipment malfunctions, quality assurance/
quality control calibrations, other known causes, and unknown causes, as 
applicable) and the corrective action taken.
    (vi) A summary of the total duration (in hours) of the deviations 
that occurred during the reporting period by cause (characterized as 
monitoring system malfunctions, non-monitoring equipment malfunctions, 
quality assurance/quality control calibrations, other known causes, and 
unknown causes) and the cumulative duration of deviations during the 
reporting period across all causes both in hours and as a percent of the 
total source operating time during the reporting period.
    (c) [Reserved]
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an iron and steel foundry pursuant to 40 CFR part 
70 or 40 CFR part 71, you must report all deviations as defined in this 
subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an iron and steel foundry along with, or as part 
of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all the required information concerning deviations from 
any emissions limitation or operation and maintenance requirement in 
this subpart, submission of the compliance report satisfies any 
obligation to report the same deviations in the semiannual monitoring 
report. However, submission of a compliance report does not otherwise 
affect any obligation you may have to report deviations from permit 
requirements for an iron and steel foundry to your permitting authority.
    (e) Compliance report submission requirements. Prior to March 9, 
2021, you must submit semiannual compliance reports to the Administrator 
as specified in Sec.  63.13. Beginning on March 9, 2021, you must submit 
all subsequent semiannual compliance reports to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI), which can be 
accessed through the EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). The EPA will make all the information submitted through 
CEDRI available to the public without further notice to you. Do not use 
CEDRI to submit information you claim as confidential business 
information (CBI). Anything submitted using CEDRI cannot later be 
claimed to be CBI. You must use the appropriate

[[Page 258]]

electronic report template on the CEDRI website (https://www.epa.gov/
electronic-reporting-air-emissions/cedri) for this subpart. The date 
report templates become available will be listed on the CEDRI website. 
The report must be submitted by the deadline specified in this subpart, 
regardless of the method in which the report is submitted. If you claim 
some of the information required to be submitted via CEDRI is CBI, 
submit a complete report, including information claimed to be CBI, to 
the EPA. The report must be generated using the appropriate form on the 
CEDRI website or an alternate electronic file consistent with the 
extensible markup language (XML) schema listed on the CEDRI website. 
Although we do not expect persons to assert a claim of CBI, if persons 
wish to assert a CBI, submit the file on a compact disc, flash drive, or 
other commonly used electronic storage medium and clearly mark the 
medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph (e). All CBI claims must be asserted at the time of 
submission. Furthermore, under CAA section 114(c) emissions data is not 
entitled to confidential treatment and requires EPA to make emissions 
data available to the public. Thus, emissions data will not be protected 
as CBI and will be made publicly available.
    (f) Performance test results submission requirements. Within 60 days 
after the date of completing each performance test required by this 
subpart, you must submit the results of the performance test following 
the procedures specified in paragraphs (f)(1) through (3) of this 
section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via the CEDRI, which can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The data must be submitted in a 
file format generated through the use of the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the XML schema listed 
on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment in 
the ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT website. Submit the ERT generated package or 
alternative file to the EPA via CEDRI.
    (3) Confidential business information. The EPA will make all the 
information submitted through CEDRI available to the public without 
further notice to you. Do not use CEDRI to submit information you claim 
as CBI. Anything submitted using CEDRI cannot later be claimed to be 
CBI. Although we do not expect persons to assert a claim of CBI, if you 
claim some of the information submitted under paragraph (f)(1) or (2) of 
this section is CBI, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT website. Submit 
the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted must be submitted to the 
EPA via the EPA's CDX as described in paragraph (f)(1) of this section. 
All CBI claims must be asserted at the time of submission. Furthermore, 
under CAA section 114(c) emissions data is not entitled to confidential 
treatment and requires EPA to make emissions data available to the 
public. Thus, emissions data will not be protected as CBI and will be 
made publicly available.
    (g) Performance evaluation results submission requirements. Within 
60 days

[[Page 259]]

after the date of completing each continuous monitoring system (CMS) 
performance evaluation (as defined in Sec.  63.2), you must submit the 
results of the performance evaluation following the procedures specified 
in paragraphs (g)(1) through (3) of this section.
    (1) Performance evaluations of CMS measuring relative accuracy test 
audit (RATA) pollutants that are supported by the EPA's ERT as listed on 
the EPA's ERT website at the time of the evaluation. Submit the results 
of the performance evaluation to the EPA via CEDRI, which can be 
accessed through the EPA's CDX. The data must be submitted in a file 
format generated through the use of the EPA's ERT. Alternatively, you 
may submit an electronic file consistent with the XML schema listed on 
the EPA's ERT website.
    (2) Performance evaluations of CMS measuring RATA pollutants that 
are not supported by the EPA's ERT as listed on the EPA's ERT website at 
the time of the evaluation. The results of the performance evaluation 
must be included as an attachment in the ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT website. 
Submit the ERT generated package or alternative file to the EPA via 
CEDRI.
    (3) Confidential business information. The EPA will make all the 
information submitted through CEDRI available to the public without 
further notice to you. Do not use CEDRI to submit information you claim 
as CBI. Anything submitted using CEDRI cannot later be claimed to be 
CBI. Although we do not expect persons to assert a claim of CBI, if you 
claim some of the information submitted under paragraph (g)(1) or (2) of 
this section is CBI, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT website. Submit 
the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted must be submitted to the 
EPA via the EPA's CDX as described in paragraph (g)(1) of this section. 
All CBI claims must be asserted at the time of submission. Furthermore, 
under CAA section 114(c) emissions data is not entitled to confidential 
treatment and requires EPA to make emissions data available to the 
public. Thus, emissions data will not be protected as CBI and will be 
made publicly available.
    (h) Claims of EPA system outage. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX, you may 
assert a claim of EPA system outage for failure to timely comply with 
the reporting requirement. To assert a claim of EPA system outage, you 
must meet the requirements outlined in paragraphs (h)(1) through (7) of 
this section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is

[[Page 260]]

solely within the discretion of the Administrator.
    (7) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (i) Claims of force majeure. If you are required to electronically 
submit a report through CEDRI in the EPA's CDX, you may assert a claim 
of force majeure for failure to timely comply with the reporting 
requirement. To assert a claim of force majeure, you must meet the 
requirements outlined in paragraphs (i)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008; 85 
FR 56097, Sept. 10, 2020]



Sec.  63.7752  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(4) of this section:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements of Sec.  63.10(b)(2)(xiv).
    (2) Records of required maintenance performed on the air pollution 
control and monitoring equipment as required by Sec.  63.10(b)(2)(iii).
    (3) Records of performance tests and performance evaluations as 
required by Sec.  63.10(b)(2)(viii).
    (4) Records of the annual quantity of each chemical binder or 
coating material used to coat or make molds and cores, the Material Data 
Safety Sheet or other documentation that provides the chemical 
composition of each component, and the annual quantity of HAP used in 
these chemical binder or coating materials at the foundry as calculated 
from the recorded quantities and chemical compositions (from Material 
Data Safety Sheets or other documentation).
    (b) You must keep the following records for each CEMS.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi).
    (2) Records of the site-specific performance evaluation test plan 
required under Sec.  63.8(d)(2) for the life of the affected source or 
until the affected source is no longer subject to the provisions of this 
part, to be made available for inspection, upon request, by the 
Administrator. If the performance evaluation plan is revised, you shall 
keep previous (i.e., superseded) versions of the performance evaluation 
plan on

[[Page 261]]

record to be made available for inspection, upon request, by the 
Administrator, for a period of 5 years after each revision to the plan. 
The program of corrective action should be included in the plan as 
required under Sec.  63.8(d)(2)(vi).
    (3) Request for alternatives to relative accuracy tests for CEMS as 
required in Sec.  63.8(f)(6)(i).
    (4) Records of the date and time that each deviation started and 
stopped.
    (c) You must keep the records required by Sec. Sec.  63.7743, 
63.7744, and 63.7745 to show continuous compliance with each emissions 
limitation, work practice standard, and operation and maintenance 
requirement that applies to you.
    (d) You must keep the following records for each failure to meet an 
emissions limitation (including operating limit), work practice 
standard, or operation and maintenance requirement in this subpart.
    (1) Date, start time, and duration of each failure.
    (2) List of the affected sources or equipment for each failure, 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) Actions taken to minimize emissions in accordance with Sec.  
63.7710(a), and any corrective actions taken to return the affected unit 
to its normal or usual manner of operation.
    (e) Any records required to be maintained by this part that are 
submitted electronically via the EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and reports 
available upon request to a delegated air agency or the EPA as part of 
an on-site compliance evaluation.

[69 FR 21923, Apr. 22, 2004, as amended at 73 FR 7222, Feb. 7, 2008; 85 
FR 56099, Sept. 10, 2020]



Sec.  63.7753  In what form and for how long must I keep my records?

    (a) You must keep your records in a form suitable and readily 
available for expeditious review, according to the requirements of Sec.  
63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record according to the requirements in Sec.  63.10(b)(1). 
You can keep the records for the previous 3 years offsite.

                   Other Requirements and Information



Sec.  63.7760  What parts of the General Provisions apply to me?

    Table 1 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.



Sec.  63.7761  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the U.S. EPA Administrator has 
delegated authority to your State, local, or tribal agency, then that 
agency, in addition to the U.S. EPA, has the authority to implement and 
enforce this subpart. You should contact your U.S. EPA Regional Office 
to find out if implementation and enforcement of this subpart is 
delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to state, local, or 
tribal agencies are specified in paragraphs (c)(1) through (5) of this 
section.
    (1) Approval of alternatives to non-opacity emissions limitations in 
Sec.  63.7690 and work practice standards in Sec.  63.7700 under Sec.  
63.6(g).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.

[[Page 262]]

    (3) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

[69 FR 21923, Apr. 22, 2004, as amended at 85 FR 56099, Sept. 10, 2020]

                               Definitions



Sec.  63.7765  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act (CAA), 
in Sec.  63.2, and in this section.
    Automated conveyor and pallet cooling line means any dedicated 
conveyor line or area used for cooling molds received from pouring 
stations.
    Automated shakeout line means any mechanical process unit designed 
for and dedicated to separating a casting from a mold. These mechanical 
processes include, but are not limited to, shaker decks, rotary 
separators, and high-frequency vibration units. Automated shakeout lines 
do not include manual processes for separating a casting from a mold, 
such as personnel using a hammer, chisel, pick ax, sledge hammer, or 
jackhammer.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited to, 
an instrument that operates on triboelectric, electrodynamic, light 
scattering, light transmittance, or other effect to continuously monitor 
relative particulate matter loadings.
    Binder chemical means a component of a system of chemicals used to 
bind sand together into molds, mold sections, and cores through chemical 
reaction as opposed to pressure.
    Capture system means the collection of components used to capture 
gases and fumes released from one or more emissions points and then 
convey the captured gas stream to a control device or to the atmosphere. 
A capture system may include, but is not limited to, the following 
components as applicable to a given capture system design: duct intake 
devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and 
fans.
    Cold box mold or core making line means a mold or core making line 
in which the formed aggregate is hardened by catalysis with a gas.
    Combustion device means an afterburner, thermal incinerator, or 
scrap preheater.
    Conveyance means the system of equipment that is designed to capture 
pollutants at the source, convey them through ductwork, and exhaust them 
using forced ventilation. A conveyance may, but does not necessarily 
include, control equipment designed to reduce emissions of the 
pollutants. Emissions that are released through windows, vents, or other 
general building ventilation or exhaust systems are not considered to be 
discharged through a conveyance.
    Cooling means the process of molten metal solidification within the 
mold and subsequent temperature reduction prior to shakeout.
    Cupola means a vertical cylindrical shaft furnace that uses coke and 
forms of iron and steel such as scrap and foundry returns as the primary 
charge components and melts the iron and steel through combustion of the 
coke by a forced upward flow of heated air.
    Cupola shutdown means the period beginning when the last of the 
molten metal is tapped from the cupola's primary tap hole and ending 
when the cupola is cooled and the cupola is either banked or the bottom 
contents are removed (``bottom drop''). Cupola shutdown includes the 
following steps: slag and residual metal removal from secondary tap; 
cupola cooling; and cupola banking or bottom drop.
    Cupola startup means the commencement of activities needed to take a 
banked cupola or a cupola that has had the bottom dropped back into melt 
production. Cupola startup includes the following steps: refractory 
curing, if needed; cupola bed preparation (during which the sand bed is 
preheated), if needed; coke bed preparation (during which coke is added 
to the cupola and lit); and initial metallics charging.

[[Page 263]]

    Deviation means any instance in which an affected source or an owner 
or operator of such an affected source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emissions limitation 
(including operating imits), work practice standard, or operation and 
maintenance requirement; or
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any iron and steel foundry required to obtain such 
a permit.
    (3) A deviation is not always a violation. The determination of 
whether a deviation constitutes a violation of the standard is up to the 
discretion of the entity responsible for enforcement of the standards.
    Electric arc furnace means a vessel in which forms of iron and steel 
such as scrap and foundry returns are melted through resistance heating 
by an electric current flowing through the arcs formed between the 
electrodes and the surface of the metal and also flowing through the 
metal between the arc paths.
    Electric induction furnace means a vessel in which forms of iron and 
steel such as scrap and foundry returns are melted though resistance 
heating by an electric current that is induced in the metal by passing 
an alternating current through a coil surrounding the metal charge or 
surrounding a pool of molten metal at the bottom of the vessel.
    Emissions limitation means any emissions limit or operating limit.
    Exhaust stream means gases emitted from a process through a 
conveyance as defined in this subpart.
    Free organic liquids means material that fails the paint filter test 
by EPA Method 9095A (incorporated by reference--see Sec.  63.14). That 
is, if any portion of the material passes through and drops from the 
filter within the 5-minute test period, the material contains free 
liquids.
    Fresh acid solution means a sulfuric acid solution used for the 
control of triethylamine emissions that has a pH of 2.0 or less.
    Fugitive emissions means any pollutant released to the atmosphere 
that is not discharged through a conveyance as defined in this subpart.
    Furan warm box mold or core making line means a mold or core making 
line in which the binder chemical system used is that system commonly 
designated as a furan warm box system by the foundry industry.
    Hazardous air pollutant means any substance on the list originally 
established in 112(b)(1) of the CAA and subsequently amended as 
published in the Code of Federal Regulations.
    Iron and steel foundry means a facility or portion of a facility 
that melts scrap, ingot, and/or other forms of iron and/or steel and 
pours the resulting molten metal into molds to produce final or near 
final shape products for introduction into commerce. Research and 
development facilities and operations that only produce non-commercial 
castings are not included in this definition.
    Metal melting furnace means a cupola, electric arc furnace, or 
electric induction furnace that converts scrap, foundry returns, and/or 
other solid forms of iron and/or steel to a liquid state. This 
definition does not include a holding furnace, an argon oxygen 
decarburization vessel, or ladle that receives molten metal from a metal 
melting furnace, to which metal ingots or other material may be added to 
adjust the metal chemistry.
    Mold or core making line means the collection of equipment that is 
used to mix an aggregate of sand and binder chemicals, form the 
aggregate into final shape, and harden the formed aggregate. This 
definition does not include a line for making green sand molds or cores.
    Mold vent means an intentional opening in a mold through which gases 
containing pyrolysis products of organic mold and core constituents 
produced by contact with or proximity to molten metal normally escape 
the mold during and after metal pouring.
    Off blast means those periods of cupola operation when the cupola is 
not actively being used to produce molten metal. Off blast conditions 
include cupola startup and cupola shutdown. Off blast conditions also 
include idling conditions when the blast air is turned off or down to 
the point that the cupola

[[Page 264]]

does not produce additional molten metal.
    On blast means those periods of cupola operation when combustion 
(blast) air is introduced to the cupola furnace and the furnace is 
capable of producing molten metal. On blast conditions are characterized 
by both blast air introduction and molten metal production.
    Pouring area means an area, generally associated with floor and pit 
molding operations, in which molten metal is brought to each individual 
mold. Pouring areas include all pouring operations that do not meet the 
definition of a pouring station.
    Pouring station means the fixed location to which molds are brought 
in a continuous or semicontinuous manner to receive molten metal, after 
which the molds are moved to a cooling area.
    Responsible official means responsible official as defined in Sec.  
63.2.
    Scrap preheater means a vessel or other piece of equipment in which 
metal scrap that is to be used as melting furnace feed is heated to a 
temperature high enough to eliminate volatile impurities or other tramp 
materials by direct flame heating or similar means of heating. Scrap 
dryers, which solely remove moisture from metal scrap, are not 
considered to be scrap preheaters for purposes of this subpart.
    Scrubber blowdown means liquor or slurry discharged from a wet 
scrubber that is either removed as a waste stream or processed to remove 
impurities or adjust its composition or pH before being returned to the 
scrubber.
    Total metal HAP means, for the purposes of this subpart, the sum of 
the concentrations of antimony, arsenic, beryllium, cadmium, chromium, 
cobalt, lead, manganese, mercury, nickel, and selenium as measured by 
EPA Method 29 (40 CFR part 60, appendix A). Only the measured 
concentration of the listed analytes that are present at concentrations 
exceeding one-half the quantitation limit of the analytical method are 
to be used in the sum. If any of the analytes are not detected or are 
detected at concentrations less than one-half the quantitation limit of 
the analytical method, the concentration of those analytes will be 
assumed to be zero for the purposes of calculating the total metal HAP 
for this subpart.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[69 FR 21923, Apr. 22, 2004, as amended at 70 FR 29404, May 20, 2005; 73 
FR 7222, Feb. 7, 2008; 85 FR 56099, Sept. 10, 2020]



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

            Table 1 to Subpart EEEEE of Part 63--Applicability of General Provisions to This Subpart
    [As stated in Sec.   63.7760, you must meet each requirement in the following table that applies to you]
----------------------------------------------------------------------------------------------------------------
                                                                    Applies to this
               Citation                        Subject                  subpart?               Explanation
----------------------------------------------------------------------------------------------------------------
63.1.................................  Applicability..........  Yes....................
63.2.................................  Definitions............  Yes....................
63.3.................................  Units and abbreviations  Yes....................
63.4.................................  Prohibited activities..  Yes....................
63.5.................................  Construction/            Yes....................
                                        reconstruction.
63.6(a) through (d)..................  Compliance               Yes....................
                                        applicability and
                                        dates.
63.6(e)..............................  Operating and            No.....................  This subpart specifies
                                        maintenance                                       operating and
                                        requirements.                                     maintenance
                                                                                          requirements.
63.6(f)(1)...........................  Applicability of non-    No.....................  This subpart specifies
                                        opacity emission                                  applicability of non-
                                        standards.                                        opacity emission
                                                                                          standards.
63.6(f)(2) through (3)...............  Methods and finding of   Yes....................
                                        compliance with non-
                                        opacity emission
                                        standards.
63.6(g)..............................  Use of an alternative    Yes....................
                                        nonopacity emission
                                        standard.

[[Page 265]]

 
63.6(h)(1)...........................  Applicability of         No.....................  This subpart specifies
                                        opacity and visible                               applicability of
                                        emissions standards.                              opacity and visible
                                                                                          emission standards.
63.6(h)(2) through (9)...............  Methods and other        Yes....................
                                        requirements for
                                        opacity and visible
                                        emissions standards.
63.6(i) through (j)..................  Compliance extension     Yes....................
                                        and Presidential
                                        compliance exemption.
63.7(a)(1) through (2)...............  Applicability and        No.....................  This subpart specifies
                                        performance test dates.                           applicability and
                                                                                          performance test
                                                                                          dates.
63.7(a)(3) through (4)...............  Administrators rights    Yes....................
                                        to require a
                                        performance test and
                                        force majeure
                                        provisions.
63.7(b) through (d)..................  Notification of          Yes....................
                                        performance test,
                                        quality assurance
                                        program, and testing
                                        facilities.
63.7(e)(1)...........................  Performance test         No.....................  This subpart specifies
                                        conditions.                                       performance test
                                                                                          conditions.
63.7(e)(2) through (4), (f) through    Other performance        Yes....................
 (h).                                   testing requirements.
63.8(a)(1) through (3), (b),           Monitoring requirements  Yes....................
 (c)(1)(ii), (c)(2) through (3),
 (c)(6) through (8), (d)(1) through
 (2).
63.8(a)(4)...........................  Additional monitoring    No.....................  This subpart does not
                                        requirements for                                  require flares.
                                        control devices in
                                        Sec.   63.11.
63.8(c)(1)(i), (c)(1)(iii)...........  Operation and            No.....................  Not necessary in light
                                        maintenance of                                    of other requirements
                                        continuous monitoring                             of Sec.   63.8 that
                                        systems.                                          apply.
63.8(c)(4)...........................  CMS requirements.......  No.....................  This subpart specifies
                                                                                          requirements for
                                                                                          operation of CMS and
                                                                                          CEMS.
63.8(c)(5)...........................  Continuous opacity       No.....................  This subpart does not
                                        monitoring system                                 require COMS.
                                        (COMS) Minimum
                                        Procedures.
63.8(d)(3)...........................  Quality control program  No.....................  This subpart specifies
                                                                                          records that must be
                                                                                          kept associated with
                                                                                          site-specific
                                                                                          performance evaluation
                                                                                          test plan.
63.8(e), (f)(1) through (6), (g)(1)    Performance evaluations  Yes....................  This subpart specifies
 through (4).                           and alternative                                   requirements for
                                        monitoring.                                       alternative monitoring
                                                                                          systems.
63.8(g)(5)...........................  Data reduction.........  No.....................  This subpart specifies
                                                                                          data reduction
                                                                                          requirements.
63.9.................................  Notification             Yes....................  Except: for opacity
                                        requirements.                                     performance tests,
                                                                                          this subpart allows
                                                                                          the notification of
                                                                                          compliance status to
                                                                                          be submitted with the
                                                                                          semiannual compliance
                                                                                          report or the
                                                                                          semiannual part 70 of
                                                                                          this chapter
                                                                                          monitoring report.
63.10(a),(b)(1), (b)(2)(iii) and (vi)  Recordkeeping and        Yes....................  Additional records for
 through (xiv), (b)(3), (c)(1)          reporting requirements.                           CMS in Sec.
 through (6), (c)(9) through (14),                                                        63.10(c)(1)-(6), (9)-
 (d)(1) through (4), (e)(1) through                                                       (15) apply only to
 (2), (f).                                                                                CEMS.
63.10(b)(2)(i), (ii), (iv) and (v)...  Recordkeeping for        No.....................
                                        startup, shutdown, and
                                        malfunction events.
63.10(c)(7), (8) and (15)............  Records of excess        No.....................  This subpart specifies
                                        emissions and                                     records requirements.
                                        parameter monitoring
                                        exceedances for CMS.
63.10(d)(5)..........................  Periodic startup,        No.....................
                                        shutdown, and
                                        malfunction reports.
63.10(e)(3)..........................  Excess emissions         No.....................  This subpart specifies
                                        reports.                                          reporting
                                                                                          requirements.
63.10(e)(4)..........................  Reporting COMS data....  No.....................  This subpart data does
                                                                                          not require COMS.
63.11................................  Control device           No.....................  This subpart does not
                                        requirements.                                     require flares.
63.12................................  State authority and      Yes....................
                                        delegations.

[[Page 266]]

 
63.13(a).............................  Reporting to EPA         Yes....................  Except: reports and
                                        regional offices.                                 notifications required
                                                                                          to be submitted to
                                                                                          CEDRI meet this
                                                                                          obligation through
                                                                                          electronic reporting.
63.13(b) through 63.15...............  Addresses of state air   Yes....................  .......................
                                        pollution control
                                        agencies.
                                        Incorporation by
                                        reference.
                                        Availability of
                                        information and
                                        confidentiality.
----------------------------------------------------------------------------------------------------------------


[85 FR 56100, Sept. 10, 2020]



 Subpart FFFFF_National Emission Standards for Hazardous Air Pollutants 
         for Integrated Iron and Steel Manufacturing Facilities

    Source: 68 FR 27663, May 20, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.7780  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for integrated iron and steel manufacturing 
facilities. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with all applicable emission 
limitations and operation and maintenance requirements in this subpart.



Sec.  63.7781  Am I subject to this subpart?

    You are subject to this subpart if you own or operate an integrated 
iron and steel manufacturing facility that is (or is part of) a major 
source of hazardous air pollutants (HAP) emissions. Your integrated iron 
and steel manufacturing facility is a major source of HAP if it emits or 
has the potential to emit any single HAP at a rate of 10 tons or more 
per year or any combination of HAP at a rate of 25 tons or more per 
year.



Sec.  63.7782  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new and existing affected source at 
your integrated iron and steel manufacturing facility.
    (b) The affected sources are each new or existing sinter plant, 
blast furnace, and basic oxygen process furnace (BOPF) shop at your 
integrated iron and steel manufacturing facility.
    (c) This subpart covers emissions from the sinter plant windbox 
exhaust, discharge end, and sinter cooler; the blast furnace casthouse; 
and the BOPF shop including each individual BOPF and shop ancillary 
operations (hot metal transfer, hot metal desulfurization, slag 
skimming, and ladle metallurgy).
    (d) A sinter plant, blast furnace, or BOPF shop at your integrated 
iron and steel manufacturing facility is existing if you commenced 
construction or reconstruction of the affected source before July 13, 
2001.
    (e) A sinter plant, blast furnace, or BOPF shop at your integrated 
iron and steel manufacturing facility is new if you commence 
construction or reconstruction of the affected source on or after July 
13, 2001. An affected source is reconstructed if it meets the definition 
of reconstruction in Sec.  63.2.



Sec.  63.7783  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, standard, and operation and maintenance 
requirement in this subpart that applies to you by

[[Page 267]]

the dates specified in paragraphs (a)(1) and (2) of this section. This 
paragraph does not apply to the emission limitations for mercury.
    (1) No later than May 22, 2006 for all emissions sources at an 
existing affected source except for a sinter cooler at an existing 
sinter plant.
    (2) No later than January 13, 2007 for a sinter cooler at an 
existing sinter plant.
    (b) If you have a new affected source and its initial startup date 
is on or before May 20, 2003, then you must comply with each emission 
limitation, standard, and operation and maintenance requirement in this 
subpart that applies to you by May 20, 2003. This paragraph does not 
apply to the emission limitations for mercury.
    (c) If you have a new affected source and its initial startup date 
is after May 20, 2003, you must comply with each emission limitation, 
standard, and operation and maintenance requirement in this subpart that 
applies to you upon initial startup. This paragraph does not apply to 
the emission limitations for mercury.
    (d) If your integrated iron and steel manufacturing facility is not 
a major source and becomes a major source of HAP, the following 
compliance dates apply to you.
    (1) Any portion of the existing integrated iron and steel 
manufacturing facility that becomes a new affected source or a new 
reconstructed source must be in compliance with this subpart upon 
startup.
    (2) All other parts of the integrated iron and steel manufacturing 
facility must be in compliance with this subpart no later than 2 years 
after it becomes a major source.
    (e) You must meet the notification and schedule requirements in 
Sec.  63.7840. Several of these notifications must be submitted before 
the compliance date for your affected source.
    (f) With regard to the mercury emission limitations, if you have a 
new or existing affected source, you must comply with each emission 
limitation for mercury that applies to you by the deadlines set forth in 
Sec.  63.7791.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006; 85 
FR 42114, July 13, 2020]

                   Emission Limitations and Standards



Sec.  63.7790  What emission limitations must I meet?

    (a) You must meet each emission limit and opacity limit in Table 1 
to this subpart that applies to you.
    (b) You must meet each operating limit for capture systems and 
control devices in paragraphs (b)(1) through (3) of this section that 
applies to you.
    (1) You must operate each capture system applied to emissions from a 
sinter plant discharge end or blast furnace casthouse or to secondary 
emissions from a BOPF at or above the lowest value or settings 
established for the operating limits in your operation and maintenance 
plan;
    (2) For each venturi scrubber applied to meet any particulate 
emission limit in Table 1 to this subpart, you must maintain the hourly 
average pressure drop and scrubber water flow rate at or above the 
minimum levels established during the initial performance test.
    (3) For each electrostatic precipitator applied to emissions from a 
BOPF, you must maintain the hourly average opacity of emissions exiting 
the control device at or below 10 percent.
    (c) An owner or operator who uses an air pollution control device 
other than a baghouse, venturi scrubber, or electrostatic precipitator 
must submit a description of the device; test results collected in 
accordance with Sec.  63.7822 verifying the performance of the device 
for reducing emissions of particulate matter to the atmosphere to the 
levels required by this subpart; a copy of the operation and maintenance 
plan required in Sec.  63.7800(b); and appropriate operating parameters 
that will be monitored to maintain continuous compliance with the 
applicable emission limitation(s). The monitoring plan identifying the 
operating parameters to be monitored is subject to approval by the 
Administrator.
    (d) For each sinter plant, you must either:
    (1) Maintain the 30-day rolling average oil content of the feedstock 
at or below 0.02 percent; or

[[Page 268]]

    (2) Maintain the 30-day rolling average of volatile organic compound 
emissions from the windbox exhaust stream at or below 0.2 lb/ton of 
sinter.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006]



Sec.  63.7791  How do I comply with the requirements for the control of mercury?

    (a) Compliance deadlines. (1) If you have an existing affected 
source or a new or reconstructed affected source for which construction 
or reconstruction commenced on or before August 16, 2019, each BOPF 
Group at your facility must be in compliance with the applicable mercury 
emission limit in Table 1 of this subpart through performance testing 
under Sec. Sec.  63.7825 and 63.7833, or through procurement of steel 
scrap pursuant to the compliance options in Sec.  63.7791(c), (d), or 
(e) beginning July 13, 2021.
    (2) If you have a new or reconstructed affected source for which 
construction or reconstruction commenced after August 16, 2019, each 
BOPF Group at that source must be in compliance with the applicable 
mercury emission limit in Table 1 of this subpart beginning July 13, 
2020 or upon initial startup of your affected source, whichever is 
later.
    (b) Alternative compliance demonstration. (1) As an alternative to 
demonstrating compliance with the emission limits in Table 1 by 
conducting performance tests pursuant to Sec. Sec.  63.7825 and 
63.7833(h), you may demonstrate compliance with the emission limits in 
Table 1 by procuring scrap pursuant to the requirements in paragraph 
(c), (d), or (e) of this section for each scrap provider, contract, or 
shipment. It is not necessary to use the same BOPF scrap compliance 
provision for all scrap providers, contracts, or shipments. You may 
procure some scrap through providers, contracts, or shipments pursuant 
to one BOPF scrap compliance provision and other scrap through 
providers, contracts, or shipments pursuant to other BOPF scrap 
compliance provisions.
    (2) To utilize the alternative compliance options established in 
paragraph (b)(1) of this section, you must submit an initial 
certification of compliance and semiannual compliance reports consistent 
with the requirements of Sec. Sec.  63.7840(f) and 63.7841(b)(9) through 
(11), and (13), and comply with the recordkeeping requirements in Sec.  
63.7842(e) and all other applicable provisions related to demonstrating 
compliance through participating in an approved mercury program or 
through the use of scrap that does not contain mercury switches.
    (3) For any facility that initially elects to utilize the 
alternative compliance options established in paragraph (b)(1) of this 
section, but subsequently stops using scrap that meets the requirements 
of paragraph (c), (d), or (e) of this section for each scrap provider, 
contract, or shipment, within 180 days of the change you must, for that 
BOPF Group, demonstrate compliance through performance testing pursuant 
to the requirements of Sec. Sec.  63.7825 and 63.7833(h), and submit a 
revised notice of compliance status in your next semiannual compliance 
report described in this section. You must also comply with the 
requirements for conducting subsequent performance tests in Sec. Sec.  
63.7821(e) and 63.7840(g), and all other applicable requirements related 
to demonstrating compliance with the emission limits through performance 
testing.
    (c) Participation in the NVMSRP. (1) You must obtain all post-
consumer scrap that contains motor vehicle scrap from scrap providers 
who participate in the NVMSRP. The NVMSRP is an EPA-approved program 
under this section unless and until the Administrator disapproves the 
program (in part or in whole);
    (2) You must certify in your initial notification of compliance 
status required by Sec.  63.7840(f) and semiannual compliance report 
required by Sec.  63.7841(a) that you purchased post-consumer steel 
scrap containing motor vehicle scrap according to paragraph (c)(1) of 
this section, and identify all your scrap providers in your semiannual 
compliance report;
    (3) If you purchase scrap from a broker, you must certify that all 
scrap received from that broker was obtained from other scrap providers 
who participate in the NVMSRP and identify all scrap providers used by 
all your scrap

[[Page 269]]

brokers in your semiannual compliance report; and
    (4) You must conduct periodic inspections or provide other means of 
corroboration to ensure that scrap providers and brokers participate in 
the NVMSRP and, therefore, are aware of the need for and are 
implementing appropriate steps to minimize the presence of mercury in 
scrap from end-of-life vehicles.
    (d) Use of scrap that does not contain mercury switches. For BOPF 
scrap not complying with the requirements in paragraph (c) or (e) of 
this section, you must certify in your initial notification of 
compliance report required by Sec.  63.7840(f) and semiannual compliance 
report required by Sec.  63.7841(a) and maintain records of 
documentation required by Sec.  63.7842(e) establishing that the scrap 
does not contain mercury switches. You may satisfy this requirement by 
certifying and documenting that:
    (1) The scrap does not contain motor vehicle scrap; or
    (2) The scrap does not contain shredded motor vehicle scrap; or
    (3) The only materials from motor vehicles in the scrap are 
materials recovered for their specialty alloy content (including, but 
not limited to, chromium, nickel, molybdenum, or other alloys); 
therefore, based on the type of the scrap and purchase specifications, 
the scrap does not contain mercury switches.
    (e) Use of an EPA-approved mercury removal program. (1) You must 
obtain all post-consumer scrap containing motor vehicle scrap from scrap 
providers who participate in a program for the removal of mercury 
switches that has been approved by the Administrator;
    (2) You must certify in your initial notification of compliance 
status required by Sec.  63.7840(f) and semiannual compliance report 
required by Sec.  63.7841(a) that you purchase post-consumer steel scrap 
containing motor vehicle scrap according to paragraph (e)(1) of this 
section and identify all your scrap providers in your semiannual 
compliance report;
    (3) If you purchase scrap from a broker, you must certify that all 
scrap received from that broker was obtained from other scrap providers 
who participate in a program for the removal of mercury switches that 
has been approved by the Administrator and identify all scrap providers 
used by all your scrap brokers in your semiannual compliance report; and
    (4) You must conduct periodic inspections or provide other means of 
corroboration to ensure that scrap providers and brokers are complying 
with the approved mercury removal program and, therefore, are aware of 
the need for and are implementing appropriate steps to minimize the 
presence of mercury in scrap from end-of-life vehicles.

[85 FR 42115, July 13, 2020]

                 Operation and Maintenance Requirements



Sec.  63.7800  What are my operation and maintenance requirements?

    (a) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the requirements in Sec.  63.7810(d).
    (b) You must prepare and operate at all times according to a written 
operation and maintenance plan for each capture system or control device 
subject to an operating limit in Sec.  63.7790(b). Each plan must 
address the elements in paragraphs (b)(1) through (7) of this section.
    (1) Monthly inspections of the equipment that is important to the 
performance of the total capture system (e.g., pressure sensors, 
dampers, and damper switches). This inspection must include observations 
of the physical appearance of the equipment (e.g., presence of holes in 
ductwork or hoods, flow constrictions caused by dents or accumulated 
dust in the ductwork, and fan erosion). The operation and maintenance 
plan also must include requirements to repair any defect or deficiency 
in the capture system before the next scheduled inspection.
    (2) Preventative maintenance for each control device, including a 
preventative maintenance schedule that is consistent with the 
manufacturer's instructions for routine and long-term maintenance.
    (3) Operating limits for each capture system applied to emissions 
from a sinter plant discharge end or blast furnace

[[Page 270]]

casthouse, or to secondary emissions from a BOPF. You must establish the 
operating limits according to the requirements in paragraphs (b)(3)(i) 
through (iii) of this section.
    (i) Select operating limit parameters appropriate for the capture 
system design that are representative and reliable indicators of the 
performance of the capture system. At a minimum, you must use 
appropriate operating limit parameters that indicate the level of the 
ventilation draft and the damper position settings for the capture 
system when operating to collect emissions, including revised settings 
for seasonal variations. Appropriate operating limit parameters for 
ventilation draft include, but are not limited to, volumetric flow rate 
through each separately ducted hood, total volumetric flow rate at the 
inlet to the control device to which the capture system is vented, fan 
motor amperage, or static pressure.
    (ii) For each operating limit parameter selected in paragraph 
(b)(3)(i) of this section, designate the value or setting for the 
parameter at which the capture system operates during the process 
operation. If your operation allows for more than one process to be 
operating simultaneously, designate the value or setting for the 
parameter at which the capture system operates during each possible 
configuration that you may operate.
    (iii) Include documentation in your plan to support your selection 
of the operating limits established for the capture system. This 
documentation must include a description of the capture system design, a 
description of the capture system operating during production, a 
description of each selected operating limit parameter, a rationale for 
why you chose the parameter, a description of the method used to monitor 
the parameter according to the requirements of Sec.  63.7830(a), and the 
data used to set the value or setting for the parameter for each of your 
process configurations.
    (4) Corrective action procedures for baghouses equipped with bag 
leak detection systems or continuous opacity monitoring systems (COMS). 
In the event a bag leak detection system alarm is triggered or emissions 
from a baghouse equipped with a COMS exceed an hourly average opacity of 
5 percent, you must initiate corrective action to determine the cause of 
the alarm within 1 hour of the alarm, initiate corrective action to 
correct the cause of the problem within 24 hours of the alarm, and 
complete the corrective action as soon as practicable. Corrective 
actions may include, but are not limited to:
    (i) Inspecting the baghouse for air leaks, torn or broken bags or 
filter media, or any other condition that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repair the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (5) Corrective action procedures for venturi scrubbers equipped with 
continuous parameter monitoring systems (CPMS). In the event a venturi 
scrubber exceeds the operating limit in Sec.  63.7790(b)(2), you must 
take corrective actions consistent with your site-specific monitoring 
plan in accordance with Sec.  63.7831(a).
    (6) Corrective action procedures for electrostatic precipitators 
equipped with COMS. In the event an electrostatic precipitator exceeds 
the operating limit in Sec.  63.7790(b)(3), you must take corrective 
actions consistent with your site-specific monitoring plan in accordance 
with Sec.  63.7831(a).
    (7) Procedures for determining and recording the daily sinter plant 
production rate in tons per hour.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39585, July 13, 2006; 85 
FR 42116, July 13, 2020]

                     General Compliance Requirements



Sec.  63.7810  What are my general requirements for complying with this subpart?

    (a) On or before January 11, 2021, for each existing source, and for 
each new or reconstructed source for which construction or 
reconstruction commenced

[[Page 271]]

on or before August 16, 2019, you must be in compliance with the 
emission limitations, standards, and operation and maintenance 
requirements in this subpart at all times, except during periods of 
startup, shutdown, and malfunction. After January 11, 2021, for each 
such source you must be in compliance with the emission limitations in 
this subpart at all times. For new and reconstructed sources for which 
construction or reconstruction commenced after August 16, 2019, you must 
be in compliance with the emission limitations in this subpart at all 
times.
    (b) During the period between the compliance date specified for your 
affected source in Sec.  63.7783 and the date upon which continuous 
monitoring systems have been installed and certified and any applicable 
operating limits have been set, you must maintain a log detailing the 
operation and maintenance of the process and emissions control 
equipment.
    (c) On or before January 11, 2021, for each existing source, and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before August 16, 2019, you must develop 
a written startup, shutdown, and malfunction plan according to the 
provisions in Sec.  63.6(e)(3). For each such source, a startup, 
shutdown, and malfunction plan is not required after January 11, 2021. 
No startup, shutdown, and malfunction plan is required for any new or 
reconstructed source for which construction or reconstruction commenced 
after August 16, 2019.
    (d) On or before January 11, 2021, for each existing source, and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before August 16, 2019, you must always 
operate and maintain your affected source, including air pollution 
control and monitoring equipment, according to the provisions in Sec.  
63.6(e)(1)(i). After January 11, 2021for each such source, and after 
July 13, 2020 for new and reconstructed sources for which construction 
or reconstruction commenced after August 16, 2019, at all times, you 
must operate and maintain any affected source, including associated air 
pollution control equipment and monitoring equipment, in a manner 
consistent with safety and good air pollution control practices for 
minimizing emissions. The general duty to minimize emissions does not 
require you to make any further efforts to reduce emissions if levels 
required by 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.

[68 FR 27663, May 20, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 85 
FR 42116, July 13, 2020]

                     Initial Compliance Requirements



Sec.  63.7820  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) You must conduct a performance test to demonstrate initial 
compliance with each emission and opacity limit in Table 1 to this 
subpart that applies to you. You must also conduct a performance test to 
demonstrate initial compliance with the 30-day rolling average operating 
limit for the oil content of the sinter plant feedstock in Sec.  
63.7790(d)(1) or alternative limit for volatile organic compound 
emissions from the sinter plant windbox exhaust stream in Sec.  
63.7790(d)(2). You must conduct the performance tests within 180 
calendar days after the compliance date that is specified in Sec.  
63.7783 for your affected source and report the results in your 
notification of compliance status.
    (b) For each operation and maintenance requirement that applies to 
you where initial compliance is not demonstrated using a performance 
test or opacity observation, you must demonstrate initial compliance 
within 30 calendar days after the compliance date that is specified for 
your affected source in Sec.  63.7783.
    (c) If you commenced construction or reconstruction between July 13, 
2001 and May 20, 2003, you must demonstrate initial compliance with 
either the proposed emission limit or the promulgated emission limit no 
later than

[[Page 272]]

November 17, 2003 or no later than 180 days after startup of the source, 
whichever is later, according to Sec.  63.7(a)(2)(ix).
    (d) If you commenced construction or reconstruction between July 13, 
2001 and May 20, 2003, and you chose to comply with the proposed 
emission limit when demonstrating initial compliance, you must conduct a 
second performance test to demonstrate compliance with the promulgated 
emission limit by November 17, 2006, or no later than 180 days after 
startup of the source, whichever is later, according to Sec.  
63.7(a)(2)(ix).
    (e) Notwithstanding the deadlines in this section, existing and new 
affected sources must comply with the deadlines for making the initial 
compliance demonstrations for the mercury emission limit set forth in 
(e)(1) through (4) in this section.
    (1) If you have an existing affected BOPF Group or a new or 
reconstructed affected source for which construction or reconstruction 
commenced on or before August 16, 2019, and you are demonstrating 
compliance with the emission limit in Table 1 through performance 
testing, you must conduct the initial performance test at your BOPF 
Group to demonstrate compliance with the mercury emission limit in Table 
1 no later than July 13, 2021.
    (2) If you have a new or reconstructed affected BOPF Group for which 
construction or reconstruction commenced after August 16, 2019, and you 
are demonstrating compliance with the emission limit in Table 1 through 
performance testing, you must conduct the initial performance test at 
your BOPF Group to demonstrate compliance with the mercury emission 
limit in Table 1 within 180 days of July 13, 2020 or within 180 days of 
initial startup of your affected source, whichever is later.
    (3) If you have an existing affected BOPF Group or a new or 
reconstructed affected source for which construction or reconstruction 
commenced on or before August 16, 2019, and you are demonstrating 
compliance with the mercury emission limit in Table 1 through the 
requirements in Sec.  63.7791(c) through (e), you must certify 
compliance in accordance with Sec.  63.7840(f) in your notification of 
compliance and in accordance with Sec.  63.7841(b)(11) in your first 
semiannual compliance report after July 13, 2021.
    (4) If you have a new affected BOPF Group or a new or reconstructed 
affected source for which construction or reconstruction commenced after 
August 16, 2019, and you are demonstrating compliance with the mercury 
emission limit in Table 1 through the requirements in Sec.  63.7791(b) 
through (d), you must certify compliance in accordance with Sec.  
63.7840(f) in your initial notification of compliance and in accordance 
with Sec.  63.7841(b)(11) in your first semiannual compliance report 
after July 13, 2021 or after initial startup of your BOPF Group, 
whichever is later.

[68 FR 27663, May 20, 2003, as amended at 85 FR 42116, July 13, 2020]



Sec.  63.7821  When must I conduct subsequent performance tests?

    (a) You must conduct subsequent performance tests to demonstrate 
compliance with all applicable emission and opacity limits in Table 1 to 
this subpart at the frequencies specified in paragraphs (b) through (e) 
of this section.
    (b) For each sinter cooler at an existing sinter plant and each 
emissions unit equipped with a control device other than a baghouse, you 
must conduct subsequent performance tests no less frequently than twice 
(at mid-term and renewal) during each term of your title V operating 
permit.
    (c) For each emissions unit equipped with a baghouse, you must 
conduct subsequent performance tests no less frequently than once during 
each term of your title V operating permit.
    (d) For sources without a title V operating permit, you must conduct 
subsequent performance tests every 2.5 years.
    (e) For each BOPF Group, if demonstrating compliance with the 
mercury emission limit in Table 1 to this subpart through performance 
testing under Sec. Sec.  63.7825 and 63.7833, you must conduct 
subsequent performance tests twice per permit cycle (i.e., mid-term and 
initial/final) for sources with title V operating permits, and every 2.5

[[Page 273]]

years for sources without a title V operating permit, at the outlet of 
the control devices for the BOPF Group.

[71 FR 39586, July 13, 2006, as amended at 85 FR 42116, July 13, 2020]



Sec.  63.7822  What test methods and other procedures must I use to
demonstrate initial compliance with the emission limits for particulate
matter?

    (a) On or before January 11, 2021, for each existing source, and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before August 16, 2019, you must conduct 
each performance test that applies to your affected source based on 
representative performance (i.e., performance based on normal operating 
conditions) of the affected source for the period being tested, 
according to the conditions detailed in paragraphs (b) through (i) of 
this section. After January 11, 2021 for each such source, and after 
July 13, 2020 for new and reconstructed sources for which construction 
or reconstruction commenced after August 16, 2019, you must conduct each 
performance test under conditions representative of normal operations. 
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. Representative conditions 
exclude periods of startup and shutdown. You shall not conduct 
performance tests during periods of malfunction. You 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, you shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (b) To determine compliance with the applicable emission limit for 
particulate matter in Table 1 to this subpart, follow the test methods 
and procedures in paragraphs (b)(1) and (2) of this section.
    (1) Determine the concentration of particulate matter according to 
the following test methods:
    (i) EPA Method 1 in appendix A-1 to part 60 of this chapter to 
select sampling port locations and the number of traverse points. 
Sampling ports must be located at the outlet of the control device and 
prior to any releases to the atmosphere.
    (ii) EPA Method 2 or 2F in appendix A-1 to part 60 of this chapter 
or EPA Method 2G in appendix A-2 to part 60 of this chapter to determine 
the volumetric flow rate of the stack gas.
    (iii) EPA Method 3, 3A, or 3B in appendix A-2 to part 60 of this 
chapter to determine the dry molecular weight of the stack gas. The 
manual procedures (but not instrumental procedures) of voluntary 
consensus standard ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by 
reference--see Sec.  63.14) may be used as an alternative to EPA Method 
3B.
    (iv) EPA Method 4 in appendix A-3 to part 60 of this chapter to 
determine the moisture content of the stack gas.
    (v) EPA Method 5 or 5D in appendix A-3 to part 60 of this chapter or 
EPA Method 17 in appendix A-6 to part 60 of this chapter, as applicable, 
to determine the concentration of particulate matter (front half 
filterable catch only).
    (2) Collect a minimum sample volume of 60 dry standard cubic feet 
(dscf) of gas during each particulate matter test run. Three valid test 
runs are needed to comprise a performance test.
    (c) For each sinter plant windbox exhaust stream, you must complete 
the requirements of paragraphs (c)(1) and (2) of this section:
    (1) Follow the procedures in your operation and maintenance plan for 
measuring and recording the sinter production rate for each test run in 
tons per hour; and
    (2) Compute the process-weighted mass emissions (Ep) for 
each test run using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.000

Where:


[[Page 274]]


Ep = Process-weighted mass emissions of particulate matter, 
          lb/ton;
C = Concentration of particulate matter, grains per dry standard cubic 
          foot (gr/dscf);
Q = Volumetric flow rate of stack gas, dry standard cubic foot per hour 
          (dscf/hr);
P = Production rate of sinter during the test run, tons/hr; and
K = Conversion factor, 7,000 grains per pound (gr/lb).

    (d) If you apply two or more control devices in parallel to 
emissions from a sinter plant discharge end or a BOPF, compute the 
average flow-weighted concentration for each test run using Equation 2 
of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.001

Where:

Cw = Flow-weighted concentration, gr/dscf;
Ci = Concentration of particulate matter from exhaust stream 
          ``i'', gr/dscf; and
Qi = Volumetric flow rate of effluent gas from exhaust stream 
          ``i'', dry standard cubic foot per minute (dscfm).

    (e) For a control device applied to emissions from a blast furnace 
casthouse, sample for an integral number of furnace tapping operations 
sufficient to obtain at least 1 hour of sampling for each test run.
    (f) For a primary emission control device applied to emissions from 
a BOPF with a closed hood system, sample only during the primary oxygen 
blow and do not sample during any subsequent reblows. Continue sampling 
for each run for an integral number of primary oxygen blows.
    (g) For a primary emission control system applied to emissions from 
a BOPF with an open hood system and for a control device applied solely 
to secondary emissions from a BOPF, you must complete the requirements 
of paragraphs (g)(1) and (2) of this section:
    (1) Sample only during the steel production cycle. Conduct sampling 
under conditions that are representative of normal operation. Record the 
start and end time of each steel production cycle and each period of 
abnormal operation; and
    (2) Sample for an integral number of steel production cycles. The 
steel production cycle begins when the scrap is charged to the furnace 
and ends 3 minutes after the slag is emptied from the vessel into the 
slag pot.
    (h) For a control device applied to emissions from BOPF shop 
ancillary operations (hot metal transfer, skimming, desulfurization, or 
ladle metallurgy), sample only when the operation(s) is being conducted.
    (i) Subject to approval by the permitting authority, you may conduct 
representative sampling of stacks when there are more than three stacks 
associated with a process.

[68 FR 27663, May 20, 2003, as amended at 85 FR 42116, July 13, 2020]



Sec.  63.7823  What test methods and other procedures must I use to 
demonstrate initial compliance with the opacity limits?

    (a) You must conduct each performance test that applies to your 
affected source based on representative performance (i.e., performance 
based on normal operating conditions) of the affected source for the 
period being tested, according to the conditions detailed in paragraphs 
(b) through (d) of this section. Representative conditions exclude 
periods of startup and shutdown. You shall not conduct performance tests 
during periods of malfunction. You 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, you shall make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests.
    (b) You must conduct each visible emissions performance test such 
that the opacity observations overlap with the performance test for 
particulate matter.
    (c) To determine compliance with the applicable opacity limit in 
Table 1 to this subpart for a sinter plant discharge end or a blast 
furnace casthouse:
    (1) Using a certified observer, determine the opacity of emissions 
according to EPA Method 9 in appendix A-4

[[Page 275]]

to part 60 of this chapter. Alternatively, ASTM D7520-16, (incorporated 
by reference, see Sec.  63.14) may be used with the following 
conditions:
    (i) During the digital camera opacity technique (DCOT) certification 
procedure outlined in Section 9.2 of ASTM D7520-16 (incorporated by 
reference, see Sec.  63.14), the owner or operator or the DCOT vendor 
must present the plumes in front of various backgrounds of color and 
contrast representing conditions anticipated during field use such as 
blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree 
stand).
    (ii) The owner or operator must also have standard operating 
procedures in place including daily or other frequency quality checks to 
ensure the equipment is within manufacturing specifications as outlined 
in Section 8.1 of ASTM D7520-16 (incorporated by reference, see Sec.  
63.14).
    (iii) The owner or operator must follow the recordkeeping procedures 
outlined in Sec.  63.10(b)(1) for the DCOT certification, compliance 
report, data sheets, and all raw unaltered JPEGs used for opacity and 
certification determination.
    (iv) The owner or operator or the DCOT vendor must have a minimum of 
four independent technology users apply the software to determine the 
visible opacity of the 300 certification plumes. For each set of 25 
plumes, the user may not exceed 15-percent opacity of anyone reading and 
the average error must not exceed 7.5-percent opacity.
    (v) Use of this approved alternative does not provide or imply a 
certification or validation of any vendor's hardware or software. The 
onus to maintain and verify the certification and/or training of the 
DCOT camera, software, and operator in accordance with ASTM D7520-16 
(incorporated by reference, see Sec.  63.14) and these requirements is 
on the facility, DCOT operator, and DCOT vendor.
    (2) Obtain a minimum of 30 6-minute block averages. For a blast 
furnace casthouse, make observations during tapping of the furnace. 
Tapping begins when the furnace is opened, usually by creating a hole 
near the bottom of the furnace, and ends when the hole is plugged.
    (d) To determine compliance with the applicable opacity limit in 
Table 1 to this subpart for BOPF shops:
    (1) For an existing BOPF shop:
    (i) Using a certified observer, determine the opacity of emissions 
according to EPA Method 9 in appendix A-4 to part 60 of this chapter 
except as specified in paragraphs (d)(1)(ii) and (iii) of this section. 
Alternatively, ASTM D7520-16 (incorporated by reference, see Sec.  
63.14) may be used with the following conditions:
    (A) During the DCOT certification procedure outlined in Section 9.2 
of ASTM D7520-16 (incorporated by reference, see Sec.  63.14), the owner 
or operator or the DCOT vendor must present the plumes in front of 
various backgrounds of color and contrast representing conditions 
anticipated during field use such as blue sky, trees, and mixed 
backgrounds (clouds and/or a sparse tree stand).
    (B) The owner or operator must also have standard operating 
procedures in place including daily or other frequency quality checks to 
ensure the equipment is within manufacturing specifications as outlined 
in Section 8.1 of ASTM D7520-16 (incorporated by reference, see Sec.  
63.14).
    (C) The owner or operator must follow the recordkeeping procedures 
outlined in Sec.  63.10(b)(1) for the DCOT certification, compliance 
report, data sheets, and all raw unaltered JPEGs used for opacity and 
certification determination.
    (D) The owner or operator or the DCOT vendor must have a minimum of 
four independent technology users apply the software to determine the 
visible opacity of the 300 certification plumes. For each set of 25 
plumes, the user may not exceed 15-percent opacity of anyone reading and 
the average error must not exceed 7.5-percent opacity.
    (E) Use of this approved alternative does not provide or imply a 
certification or validation of any vendor's hardware or software. The 
onus to maintain and verify the certification and/or training of the 
DCOT camera, software, and operator in accordance with ASTM D7520-16 
(incorporated by

[[Page 276]]

reference, see Sec.  63.14) and these requirements is on the facility, 
DCOT operator, and DCOT vendor.
    (ii) Instead of procedures in section 2.4 of Method 9 in appendix A 
to part 60 of this chapter, record observations to the nearest 5 percent 
at 15-second intervals for at least three steel production cycles.
    (iii) Instead of procedures in section 2.5 of Method 9 in appendix A 
to part 60 of this chapter, determine the 3-minute block average opacity 
from the average of 12 consecutive observations recorded at 15-second 
intervals.
    (2) For a new BOPF shop housing a bottom-blown BOPF:
    (i) Using a certified observer, determine the opacity of emissions 
according to EPA Method 9 in appendix A-4 to part 60 of this chapter. 
Alternatively, ASTM D7520-16 (incorporated by reference, see Sec.  
63.14) may be used with the following conditions:
    (A) During the DCOT certification procedure outlined in Section 9.2 
of ASTM D7520-16 (incorporated by reference, see Sec.  63.14), the owner 
or operator or the DCOT vendor must present the plumes in front of 
various backgrounds of color and contrast representing conditions 
anticipated during field use such as blue sky, trees, and mixed 
backgrounds (clouds and/or a sparse tree stand).
    (B) The owner or operator must also have standard operating 
procedures in place including daily or other frequency quality checks to 
ensure the equipment is within manufacturing specifications as outlined 
in Section 8.1 of ASTM D7520-16 (incorporated by reference, see Sec.  
63.14).
    (C) The owner or operator must follow the recordkeeping procedures 
outlined in Sec.  63.10(b)(1) for the DCOT certification, compliance 
report, data sheets, and all raw unaltered JPEGs used for opacity and 
certification determination.
    (D) The owner or operator or the DCOT vendor must have a minimum of 
four independent technology users apply the software to determine the 
visible opacity of the 300 certification plumes. For each set of 25 
plumes, the user may not exceed 15-percent opacity of anyone reading and 
the average error must not exceed 7.5-percent opacity.
    (E) Use of this approved alternative does not provide or imply a 
certification or validation of any vendor's hardware or software. The 
onus to maintain and verify the certification and/or training of the 
DCOT camera, software, and operator in accordance with ASTM D7520-16 
(incorporated by reference, see Sec.  63.14) and these requirements is 
on the facility, DCOT operator, and DCOT vendor.
    (ii) Determine the highest and second highest sets of 6-minute block 
average opacities for each steel production cycle.
    (3) For a new BOPF shop housing a top-blown BOPF:
    (i) Determine the opacity of emissions according to the requirements 
for an existing BOPF shop in paragraphs (d)(1)(i) through (iii) of this 
section.
    (ii) Determine the highest and second highest sets of 3-minute block 
average opacities for each steel production cycle.
    (4) Opacity observations must cover the entire steel production 
cycle and must be made for at least three cycles. The steel production 
cycle begins when the scrap is charged to the furnace and ends 3 minutes 
after the slag is emptied from the vessel into the slag pot.
    (5) Determine and record the starting and stopping times of the 
steel production cycle.
    (e) To determine compliance with the applicable opacity limit in 
Table 1 to this subpart for a sinter cooler at an existing sinter plant:
    (1) Using a certified observer, determine the opacity of emissions 
according to EPA Method 9 in appendix A-4 to part 60 of this chapter. 
Alternatively, ASTM D7520-16 (incorporated by reference, see Sec.  
63.14) may be used with the following conditions:
    (i) During the DCOT certification procedure outlined in Section 9.2 
of ASTM D7520-16 (incorporated by reference, see Sec.  63.14), the owner 
or operator or the DCOT vendor must present the plumes in front of 
various backgrounds of color and contrast representing conditions 
anticipated during field use such as blue sky, trees, and

[[Page 277]]

mixed backgrounds (clouds and/or a sparse tree stand).
    (ii) The owner or operator must also have standard operating 
procedures in place including daily or other frequency quality checks to 
ensure the equipment is within manufacturing specifications as outlined 
in Section 8.1 of ASTM D7520-16 (incorporated by reference, see Sec.  
63.14).
    (iii) The owner or operator must follow the recordkeeping procedures 
outlined in Sec.  63.10(b)(1) for the DCOT certification, compliance 
report, data sheets, and all raw unaltered JPEGs used for opacity and 
certification determination.
    (iv) The owner or operator or the DCOT vendor must have a minimum of 
four independent technology users apply the software to determine the 
visible opacity of the 300 certification plumes. For each set of 25 
plumes, the user may not exceed 15-percent opacity of anyone reading and 
the average error must not exceed 7.5-percent opacity.
    (v) Use of this approved alternative does not provide or imply a 
certification or validation of any vendor's hardware or software. The 
onus to maintain and verify the certification and/or training of the 
DCOT camera, software, and operator in accordance with ASTM D7520-16 
(incorporated by reference, see Sec.  63.14) and these requirements is 
on the facility, DCOT operator, and DCOT vendor.
    (2) Obtain a minimum of 30 6-minute block averages.
    (3) Make visible emission observations of uncovered portions of 
sinter plant coolers with the line of sight generally in the direction 
of the center of the cooler.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006; 85 
FR 42117, July 13, 2020]



Sec.  63.7824  What test methods and other procedures must I use to 
establish and demonstrate initial compliance with operating limits?

    (a) For each capture system subject to an operating limit in Sec.  
63.7790(b)(1), you must certify that the system operated during the 
performance test at the site-specific operating limits established in 
your operation and maintenance plan using the procedures in paragraphs 
(a)(1) through (4) of this section.
    (1) Concurrent with all opacity observations, measure and record 
values for each of the operating limit parameters in your capture system 
operation and maintenance plan according to the monitoring requirements 
specified in Sec.  63.7830(a).
    (2) For any dampers that are manually set and remain at the same 
position at all times the capture system is operating, the damper 
position must be visually checked and recorded at the beginning and end 
of each opacity observation period segment.
    (3) Review and record the monitoring data. Identify and explain any 
times the capture system operated outside the applicable operating 
limits.
    (4) Certify in your performance test report that during all 
observation period segments, the capture system was operating at the 
values or settings established in your capture system operation and 
maintenance plan.
    (b) For a venturi scrubber subject to operating limits for pressure 
drop and scrubber water flow rate in Sec.  63.7790(b)(2), you must 
establish site-specific operating limits according to the procedures in 
paragraphs (b)(1) and (2) of this section. You may establish the 
parametric monitoring limit during the initial performance test or 
during any other performance test run that meets the emission limit.
    (1) Using the CPMS required in Sec.  63.7830(c), measure and record 
the pressure drop and scrubber water flow rate during each run of the 
particulate matter performance test.
    (2) Compute and record the hourly average pressure drop and scrubber 
water flow rate for each individual test run. Your operating limits are 
the lowest average pressure drop and scrubber water flow rate value in 
any of the three runs that meet the applicable emission limit.
    (c) You may change the operating limits for a capture system or 
venturi scrubber if you meet the requirements in paragraphs (c)(1) 
through (3) of this section.
    (1) Submit a written notification to the Administrator of your 
request to

[[Page 278]]

conduct a new performance test to revise the operating limit.
    (2) Conduct a performance test to demonstrate compliance with the 
applicable emission limitation in Table 1 to this subpart.
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) and (b) of this section for a control 
device or capture system.
    (d) For each sinter plant subject to the operating limit for the oil 
content of the sinter plant feedstock in Sec.  63.7790(d)(1), you must 
demonstrate initial compliance according to the procedures in paragraphs 
(d)(1) through (3) of this section.
    (1) Sample the feedstock at least three times a day (once every 8 
hours), composite the three samples each day, and analyze the composited 
samples using Method 9071B, ``n-Hexane Extractable Material(HEM) for 
Sludge, Sediment, and Solid Samples,'' (Revision 2, April 1998). Method 
9071B is incorporated by reference (see Sec.  63.14) and is published in 
EPA Publication SW-846 ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods.'' Record the sampling date and time, oil 
content values, and sinter produced (tons/day).
    (2) Continue the sampling and analysis procedure for 30 consecutive 
days.
    (3) Each day, compute and record the 30-day rolling average using 
that day's value and the 29 previous daily values.
    (e) To demonstrate initial compliance with the alternative operating 
limit for volatile organic compound emissions from the sinter plant 
windbox exhaust stream in Sec.  63.7790(d)(2), follow the test methods 
and procedures in paragraphs (e)(1) through (5) of this section. You 
must conduct each performance test that applies to your affected source 
based on representative performance (i.e., performance based on normal 
operating conditions) of the affected source for the period being 
tested. Representative conditions exclude periods of startup and 
shutdown. You shall not conduct performance tests during periods of 
malfunction. You 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, you shall make available to the Administrator 
such records as may be necessary to determine the conditions of 
performance tests.
    (1) Determine the volatile organic compound emissions according to 
the following test methods:
    (i) EPA Method 1 in appendix A-1 to part 60 of this chapter to 
select sampling port locations and the number of traverse points. 
Sampling ports must be located at the outlet of the control device and 
prior to any releases to the atmosphere.
    (ii) EPA Method 2 or 2F in appendix A-1 to part 60 of this chapter 
or EPA Method 2G in appendix A-2 to part 60 of this chapter to determine 
the volumetric flow rate of the stack gas.
    (iii) EPA Method 3, 3A, or 3B in appendix A-2 to part 60 of this 
chapter to determine the dry molecular weight of the stack gas. The 
manual procedures (but not instrumental procedures) of voluntary 
consensus standard ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by 
reference--see Sec.  63.14) may be used as an alternative to EPA Method 
3B.
    (iv) EPA Method 4 in appendix A-3 to part 60 of this chapter to 
determine the moisture content of the stack gas.
    (v) EPA Method 25 in appendix A-7 to part 60 of this chapter to 
determine the mass concentration of volatile organic compound emissions 
(total gaseous nonmethane organics as carbon) from the sinter plant 
windbox exhaust stream stack.
    (2) Determine volatile organic compound (VOC) emissions every 24 
hours (from at least three samples taken at 8-hour intervals) using EPA 
Method 25 in appendix A-7 to part 60 of this chapter. Record the 
sampling date and time, sampling results, and sinter produced (tons/
day).
    (3) Compute the process-weighted mass emissions (Ev) each 
day using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR20MY03.002

Where:

Ev = Process-weighted mass emissions of volatile organic 
          compounds, lb/ton;
Mc = Average concentration of total gaseous nonmethane 
          organics as carbon by EPA

[[Page 279]]

          Method 25 in appendix A-7 to part 60 of this chapter, 
          milligrams per dry standard cubic meters (mg/dscm) for each 
          day;
Q = Volumetric flow rate of stack gas, dscf/hr;
35.31 = Conversion factor (dscf/dscm);
454,000 = Conversion factor (mg/lb); and
K = Daily production rate of sinter, tons/hr.

    (4) Continue the sampling and analysis procedures in paragraphs 
(e)(1) through (3) of this section for 30 consecutive days.
    (5) Compute and record the 30-day rolling average of VOC emissions 
for each operating day.
    (f) You may use an alternative test method to determine the oil 
content of the sinter plant feedstock or the volatile organic compound 
emissions from the sinter plant windbox exhaust stack if you have 
already demonstrated the equivalency of the alternative method for a 
specific plant and have received previous approval from the applicable 
permitting authority.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006; 85 
FR 42118, July 13, 2020]



Sec.  63.7825  What test methods and other procedures must I use to 
demonstrate initial compliance with the emission limit for mercury?

    (a) If demonstrating compliance with the mercury emission limits for 
each BOPF Group in Table 1 to this subpart through performance testing, 
you must conduct a performance test to demonstrate initial compliance 
with the emission limit. If demonstrating compliance with the emission 
limit through performance testing, you must conduct each performance 
test that applies to your affected source based on representative 
performance (i.e., performance based on normal operating conditions) of 
the affected source for the period being tested, according to the 
conditions detailed in paragraphs (b) through (f) of this section. 
Representative conditions exclude periods of startup and shutdown. You 
shall not conduct performance tests during periods of malfunction. 
Initial compliance tests must be conducted by the deadlines in Sec.  
63.7820(e).
    (1) You 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, you shall make available to the Administrator 
such records as may be necessary to determine the conditions of 
performance tests.
    (2) For sources with multiple emission units ducted to a common 
control device and stack, compliance testing must be performed either by 
conducting a single compliance test with all affected emissions units in 
operation or by conducting a separate compliance test on each emissions 
unit. Alternatively, the owner or operator may request approval from the 
permit authority for an alternative testing approach. If the units are 
tested separately, any emissions unit that is not tested initially must 
be tested as soon as is practicable.
    (b) To demonstrate compliance with the emission limit for mercury in 
Table 1 to this subpart through performance testing, follow the test 
methods and procedures in paragraphs (b)(1) and (2) of this section.
    (1) Determine the concentration of mercury according to the 
following test methods:
    (i) EPA Method 1 in appendix A-1 to part 60 of this chapter to 
select sampling port locations and the number of traverse points. 
Sampling ports must be located at the outlet of the control device and 
prior to any releases to the atmosphere.
    (ii) EPA Method 2 or 2F in appendix A-1 to part 60 of this chapter 
or EPA Method 2G in appendix A-2 to part 60 of this chapter to determine 
the volumetric flow rate of the stack gas.
    (iii) EPA Method 3, 3A, or 3B in appendix A-2 to part 60 of this 
chapter to determine the dry molecular weight of the stack gas. The 
manual procedures (but not instrumental procedures) of voluntary 
consensus standard ANSI/ASME PTC 19.10-1981--Part 10 (incorporated by 
reference--see Sec.  63.14) may be used as an alternative to EPA Method 
3B.
    (iv) EPA Method 4 in appendix A-3 to part 60 of this chapter to 
determine the moisture content of the stack gas.
    (v) EPA Method 29 or 30B in appendix A-8 to part 60 of this chapter 
to determine the concentration of mercury

[[Page 280]]

from each unit of the BOPF Group exhaust stream stack. If performing 
measurements using EPA Method 29, you must collect a minimum sample 
volume of 1.7 dscm (60 dscf). Alternative test methods may be considered 
on a case-by-case basis per Sec.  63.7(f).
    (2) Three valid test runs are needed to comprise a performance test 
of each BOPF Group unit. If the performance testing results for any of 
the emission points yields a non-detect value, then the minimum 
detection limit (MDL) must be used to calculate the mass emissions (lb) 
for that emission unit and, in turn, for calculating the sum of the 
emissions (in units of pounds of mercury per ton of steel scrap) for all 
BOPF Group units subject to the emission standard for determining 
compliance. If the resulting mercury emissions are greater than the MACT 
emission standard, the owner or operator may use procedures that produce 
lower MDL results and repeat the mercury performance testing one 
additional time for any emission point for which the measured result was 
below the MDL. If this additional testing is performed, the results from 
that testing must be used to determine compliance (i.e., there are no 
additional opportunities allowed to lower the MDL).
    (3) For a primary emission control device applied to emissions from 
a BOPF with a closed hood system, sample only during the primary oxygen 
blow and do not sample during any subsequent reblows. Continue sampling 
for each run for an integral number of primary oxygen blows.
    (4) For a primary emission control system applied to emissions from 
a BOPF with an open hood system and for a control device applied solely 
to secondary emissions from a BOPF, you must complete the requirements 
of paragraphs (b)(4)(i) and (ii) of this section:
    (i) Sample only during the steel production cycle. Conduct sampling 
under conditions that are representative of normal operation. Record the 
start and end time of each steel production cycle and each period of 
abnormal operation; and
    (ii) Sample for an integral number of steel production cycles. The 
steel production cycle begins when the scrap is charged to the furnace 
and ends 3 minutes after the slag is emptied from the vessel into the 
slag pot.
    (5) For a control device applied to emissions from BOPF shop 
ancillary operations (hot metal transfer, skimming, desulfurization, or 
ladle metallurgy), sample only when the operation(s) is being conducted.
    (c) Calculate the mercury mass emissions, based on the average of 
three test run values, for each BOPF Group unit (or combination of units 
that are ducted to a common stack and are tested when all affected 
sources are operating pursuant to paragraph (a) of this section) using 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR13JY20.000

Where:

E = Mass emissions of mercury, pounds (lb);
Cs = Concentration of mercury in stack gas, mg/dscm;
454,000 = Conversion factor (mg/lb);
Q = Volumetric flow rate of stack gas, dscf/min;
35.31 = Conversion factor (dscf/dscm); and
t = Duration of test, minutes.

    (d) You must install, calibrate, maintain, and operate an 
appropriate weight measurement device, to measure the tons of steel 
scrap input to the BOPF cycle simultaneous with each BOPF Group unit's 
stack test.
    (e) You must maintain the systems for measuring weight within 5 percent accuracy. You must describe the specific 
equipment used to make measurements at your facility and how that 
equipment is periodically calibrated. You must also explain, document, 
and

[[Page 281]]

maintain written procedures for determining the accuracy of the 
measurements and make these written procedures available to your 
permitting authority upon request. You must determine, record, and 
maintain a record of the accuracy of the measuring systems before the 
beginning of your initial compliance test and during each subsequent 
quarter of affected source operation.
    (f) Calculate the emissions from each new and existing affected 
source in pounds of mercury per ton of steel scrap to determine initial 
compliance with the mercury emission limit in Table 1. Sum the mercury 
mass emissions (in pounds) from all BOPF Group units calculated using 
Equation 1 of this section. Divide that sum by the sum of the total 
amount of steel scrap charged to the BOPFs (in tons).

[85 FR 42119, July 13, 2020]



Sec.  63.7826  How do I demonstrate initial compliance with the emission 
limitations that apply to me?

    (a) For each affected source subject to an emission or opacity limit 
in Table 1 to this subpart, you have demonstrated initial compliance if:
    (1) You meet the conditions in Table 2 to this subpart; and
    (2) For each capture system subject to the operating limit in Sec.  
63.7790(b)(1), you have established appropriate site-specific operating 
limit(s) and have a record of the operating parameter data measured 
during the performance test in accordance with Sec.  63.7824(a)(1); and
    (3) For each venturi scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec.  63.7790(b)(2), you 
have established appropriate site-specific operating limits and have a 
record of the pressure drop and scrubber water flow rate measured during 
the performance test in accordance with Sec.  63.7824(b).
    (b) For each existing or new sinter plant subject to the operating 
limit in Sec.  63.7790(d)(1), you have demonstrated initial compliance 
if the 30-day rolling average of the oil content of the feedstock, 
measured during the initial performance test in accordance with Sec.  
63.7824(d) is no more than 0.02 percent. For each existing or new sinter 
plant subject to the alternative operating limit in Sec.  63.7790(d)(2), 
you have demonstrated initial compliance if the 30-day rolling average 
of the volatile organic compound emissions from the sinter plant windbox 
exhaust stream, measured during the initial performance test in 
accordance with Sec.  63.7824(e) is no more than 0.2 lb/ton of sinter 
produced.
    (c) For each emission limitation that applies to you, you must 
submit a notification of compliance status according to Sec.  
63.7840(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006. 
Redesignated at 85 FR 42119, July 13, 2020]



Sec.  63.7827  How do I demonstrate initial compliance with the operation
and maintenance requirements that apply to me?

    (a) For a capture system applied to emissions from a sinter plant 
discharge end or blast furnace casthouse or to secondary emissions from 
a BOPF, you have demonstrated initial compliance if you meet all of the 
conditions in paragraphs (a)(1) through (4) of this section.
    (1) Prepared the capture system operation and maintenance plan 
according to the requirements of Sec.  63.7800(b), including monthly 
inspection procedures and detailed descriptions of the operating 
parameter(s) selected to monitor the capture system;
    (2) Certified in your performance test report that the system 
operated during the test at the operating limits established in your 
operation and maintenance plan;
    (3) Submitted a notification of compliance status according to the 
requirements in Sec.  63.7840(e), including a copy of the capture system 
operation and maintenance plan and your certification that you will 
operate the capture system at the values or settings established for the 
operating limits in that plan; and
    (4) Prepared a site-specific monitoring plan according to the 
requirements in Sec.  63.7831(a).
    (b) For each control device subject to operating limits in Sec.  
63.7790(b)(2) or (3), you have demonstrated initial compliance if you 
meet all the conditions in paragraphs (b)(1) through (3) of this 
section.

[[Page 282]]

    (1) Prepared the control device operation and maintenance plan 
according to the requirements of Sec.  63.7800(b), including a 
preventative maintenance schedule and, as applicable, detailed 
descriptions of the corrective action procedures for baghouses and other 
control devices;
    (2) Submitted a notification of compliance status according to the 
requirements in Sec.  63.7840(e), including a copy of the operation and 
maintenance plan; and
    (3) Prepared a site-specific monitoring plan according to the 
requirements in Sec.  63.7831(a).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006. 
Redesignated at 85 FR 42119, July 13, 2020]

                   Continuous Compliance Requirements



Sec.  63.7830  What are my monitoring requirements?

    (a) For each capture system subject to an operating limit in Sec.  
63.7790(b)(1) established in your capture system operation and 
maintenance plan, you must install, operate, and maintain a CPMS 
according to the requirements in Sec.  63.7831(e) and the requirements 
in paragraphs (a)(1) through (3) of this section.
    (1) Dampers that are manually set and remain in the same position 
are exempt from the requirement to install and operate a CPMS. If 
dampers are not manually set and remain in the same position, you must 
make a visual check at least once every 24 hours to verify that each 
damper for the capture system is in the same position as during the 
initial performance test.
    (2) If you use a flow measurement device to monitor the operating 
limit parameter for a sinter plant discharge end or blast furnace 
casthouse, you must monitor the hourly average rate (e.g., the hourly 
average actual volumetric flow rate through each separately ducted hood, 
the average hourly total volumetric flow rate at the inlet to the 
control device) according to the requirements in Sec.  63.7832.
    (3) If you use a flow measurement device to monitor the operating 
limit parameter for a capture system applied to secondary emissions from 
a BOPF, you must monitor the average rate for each steel production 
cycle (e.g., the average actual volumetric flow rate through each 
separately ducted hood for each steel production cycle, the average 
total volumetric flow rate at the inlet to the control device for each 
steel production cycle) according to the requirements in Sec.  63.7832.
    (b) Except as provided in paragraph (b)(3) of this section, you must 
meet the requirements in paragraph (b)(1) or (2) of this section for 
each baghouse applied to meet any particulate emission limit in Table 1 
to this subpart. You must conduct inspections of each baghouse according 
to the requirements in paragraph (b)(4) of this section.
    (1) Install, operate, and maintain a bag leak detection system 
according to Sec.  63.7831(f) and monitor the relative change in 
particulate matter loadings according to the requirements in Sec.  
63.7832; or
    (2) If you do not install and operate a bag leak detection system, 
you must install, operate, and maintain a COMS according to the 
requirements in Sec.  63.7831(h) and monitor the hourly average opacity 
of emissions exiting each control device stack according to the 
requirements in Sec.  63.7832.
    (3) A bag leak detection system and COMS are not required for a 
baghouse that meets the requirements in paragraphs (b)(3)(i) and (ii) of 
this section.
    (i) The baghouse is a positive pressure baghouse and is not equipped 
with exhaust gas stacks; and
    (ii) The baghouse was installed before August 30, 2005.
    (4) You must conduct inspections of each baghouse at the specified 
frequencies according to the requirements in paragraphs (b)(4)(i) 
through (viii) of this section.
    (i) Monitor the pressure drop across each baghouse cell each day to 
ensure pressure drop is within the normal operating range identified in 
the manual.
    (ii) Confirm that dust is being removed from hoppers through weekly 
visual inspections or other means of ensuring the proper functioning of 
removal mechanisms.
    (iii) Check the compressed air supply for pulse-jet baghouses each 
day.

[[Page 283]]

    (iv) Monitor cleaning cycles to ensure proper operation using an 
appropriate methodology.
    (v) Check bag cleaning mechanisms for proper functioning through 
monthly visual inspection or equivalent means.
    (vi) Make monthly visual checks of bag tension on reverse air and 
shaker-type baghouses to ensure that bags are not kinked (kneed or bent) 
or laying on their sides. You do not have to make this check for shaker-
type baghouses using self-tensioning (spring-loaded) devices.
    (vii) Confirm the physical integrity of the baghouse through 
quarterly visual inspections of the baghouse interior for air leaks.
    (viii) Inspect fans for wear, material buildup, and corrosion 
through quarterly visual inspections, vibration detectors, or equivalent 
means.
    (c) For each venturi scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec.  63.7790(b)(2), you 
must install, operate, and maintain CPMS according to the requirements 
in Sec.  63.7831(g) and monitor the hourly average pressure drop and 
water flow rate according to the requirements in Sec.  63.7832.
    (d) For each electrostatic precipitator subject to the opacity 
operating limit in Sec.  63.7790(b)(3), you must install, operate, and 
maintain a COMS according to the requirements in Sec.  63.7831(h) and 
monitor the hourly average opacity of emissions exiting each control 
device stack according to the requirements in Sec.  63.7832.
    (e) For each sinter plant subject to the operating limit in Sec.  
63.7790(d), you must either:
    (1) Compute and record the 30-day rolling average of the oil content 
of the feedstock for each operating day using the procedures in Sec.  
63.7824(d); or
    (2) Compute and record the 30-day rolling average of the volatile 
organic compound emissions (lbs/ton of sinter) for each operating day 
using the procedures in Sec.  63.7824(e).

[68 FR 27663, May 20, 2003, as amended at 71 FR 39586, July 13, 2006]



Sec.  63.7831  What are the installation, operation, and maintenance 
requirements for my monitors?

    (a) For each CPMS required in Sec.  63.7830, you must develop and 
make available for inspection upon request by the permitting authority a 
site-specific monitoring plan that addresses the requirements in 
paragraphs (a)(1) through (8) of this section.
    (1) Installation of the CPMS 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);
    (2) Performance and equipment specifications for the sample 
interface, the parametric signal analyzer, and the data collection and 
reduction system;
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations);
    (4) On or before January 11, 2021, for each existing source, and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before August 16, 2019, ongoing operation 
and maintenance procedures in accordance with the general requirements 
of Sec.  63.8(c)(1)(ii), (c)(3), (c)(4)(ii), and (c)(7) and (8). After 
January 11, 2021 for each such source, and after July 13, 2020 for new 
and reconstructed sources for which construction or reconstruction 
commenced after August 16, ongoing operation and maintenance procedures 
in accordance with the general requirements of Sec.  63.8(c)(1)(ii), 
(c)(3), (c)(4)(ii), and (c)(7) and (8);
    (5) On or before January 11, 2021, for each existing source, and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before August 16, 2019, ongoing data 
quality assurance procedures in accordance with the general requirements 
of Sec.  63.8(d). After January 11, 2021 for each such source, and after 
July 13, 2020 for new and reconstructed sources for which construction 
or reconstruction commenced after August 16, 2019, ongoing data quality 
assurance procedures in accordance with the general requirements of 
Sec.  63.8(d) except for the

[[Page 284]]

requirements related to startup, shutdown, and malfunction plans 
referenced in Sec.  63.8(d)(3). The owner or operator shall keep these 
written procedures on record for the life of the affected source or 
until the affected source is no longer subject to the provisions of this 
part, to be made available for inspection, upon request, by the 
Administrator. If the performance evaluation plan is revised, the owner 
or operator shall keep previous (i.e., superseded) versions of the 
performance evaluation plan on record to be made available for 
inspection, upon request, by the Administrator, for a period of 5 years 
after each revision to the plan. The program of corrective action should 
be included in the plan required under Sec.  63.8(d)(2);
    (6) On or before January 11, 2021, for each existing source, and for 
each new or reconstructed source for which construction or 
reconstruction commenced on or before August 16, 2019, ongoing 
recordkeeping and reporting procedures in accordance with the general 
requirements of Sec.  63.10(c)(1) through (14), (e)(1), and (e)(2)(i). 
After January 11, 2021 for each such source, and after July 13, 2020 for 
new and reconstructed sources for which construction or reconstruction 
commenced after August 16, 2019, ongoing recordkeeping and reporting 
procedures in accordance with the general requirements of Sec.  
63.10(c)(1) through (14), (e)(1), and (e)(2)(i);
    (7) Corrective action procedures you will follow in the event a 
venturi scrubber exceeds the operating limit in Sec.  63.7790(b)(2); and
    (8) Corrective action procedures you will follow in the event an 
electrostatic precipitator exceeds the operating limit in Sec.  
63.7790(b)(3).
    (b) Unless otherwise specified, each CPMS must:
    (1) Complete a minimum of one cycle of operation for each successive 
15-minute period and collect a minimum of three of the required four 
data points to constitute a valid hour of data;
    (2) Provide valid hourly data for at least 95 percent of every 
averaging period; and
    (3) Determine and record the hourly average of all recorded 
readings.
    (c) You must conduct a performance evaluation of each CPMS in 
accordance with your site-specific monitoring plan.
    (d) You must operate and maintain the CPMS in continuous operation 
according to the site-specific monitoring plan.
    (e) For each capture system subject to an operating limit in Sec.  
63.7790(b)(1), you must install, operate, and maintain each CPMS 
according to the requirements in paragraphs (a) through (d) of this 
section.
    (f) For each baghouse equipped with a bag leak detection system 
according to Sec.  63.7830(b)(1), you must install, operate, and 
maintain the bag leak detection system according to the requirements in 
paragraphs (f)(1) through (7) of this section.
    (1) The system must be certified by the manufacturer to be capable 
of detecting emissions of particulate matter at concentrations of 10 
milligrams per actual cubic meter (0.0044 grains per actual cubic foot) 
or less.
    (2) The system must provide output of relative changes in 
particulate matter loadings.
    (3) The system must be equipped with an alarm that will sound when 
an increase in relative particulate loadings is detected over a preset 
level. The alarm must be located such that it can be heard by the 
appropriate plant personnel.
    (4) Each system that works based on the triboelectric effect must be 
installed, operated, and maintained in a manner consistent with the 
guidance document, ``Fabric Filter Bag Leak Detection Guidance,'' EPA-
454/R-98-015 (incorporated by reference, see Sec.  63.14). You may 
install, operate, and maintain other types of bag leak detection systems 
in a manner consistent with the manufacturer's written specifications 
and recommendations.
    (5) To make the initial adjustment of the system, establish the 
baseline output by adjusting the sensitivity (range) and the averaging 
period of the device. Then, establish the alarm set points and the alarm 
delay time.
    (6) Following the initial adjustment, do not adjust the sensitivity 
or range, averaging period, alarm set points, or alarm delay time, 
except as detailed in

[[Page 285]]

your operation and maintenance plan. Do not increase the sensitivity by 
more than 100 percent or decrease the sensitivity by more than 50 
percent over a 365-day period unless a responsible official certifies, 
in writing, that the baghouse has been inspected and found to be in good 
operating condition.
    (7) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (g) For each venturi scrubber subject to operating limits in Sec.  
63.7790(b)(2) for pressure drop and scrubber water flow rate, you must 
install, operate, and maintain each CPMS according to the requirements 
in paragraphs (a) through (d) of this section.
    (h) For each electrostatic precipitator subject to the opacity 
operating limit in Sec.  63.7790(b)(3) and each baghouse equipped with a 
COMS according to Sec.  63.7830(b)(2), you must install, operate, and 
maintain each COMS according to the requirements in paragraphs (h)(1) 
through (4) of this section.
    (1) You must install, operate, and maintain each COMS according to 
Performance Specification 1 in 40 CFR part 60, appendix B.
    (2) You must conduct a performance evaluation of each COMS according 
to Sec.  63.8 and Performance Specification 1 in appendix B to 40 CFR 
part 60.
    (3) Each COMS must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (4) COMS data must be reduced to 6-minute averages as specified in 
Sec.  63.8(g)(2) and to hourly averages where required by this subpart.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39587, July 13, 2006; 85 
FR 42120, July 13, 2020]

    Editorial Note: At 85 FR 44992, July 24, 2020, the amendment to 
Sec.  63.7831(f)(4) could not be incorporated due to an inaccurate 
instruction.



Sec.  63.7832  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) Except for monitoring malfunctions, out-of-control periods as 
specified in Sec.  63.8(c)(7), associated repairs, and required quality 
assurance or control activities (including as applicable, calibration 
checks and required zero and span adjustments), you must monitor 
continuously (or collect data at all required intervals) at all times an 
affected source is operating.
    (b) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels or to fulfill a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance.
    (c) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the monitoring to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions.



Sec.  63.7833  How do I demonstrate continuous compliance with the emission
limitations that apply to me?

    (a) You must demonstrate continuous compliance for each affected 
source subject to an emission or opacity limit in Sec.  63.7790(a) by 
meeting the requirements in Table 3 to this subpart.
    (b) You must demonstrate continuous compliance for each capture 
system subject to an operating limit in Sec.  63.7790(b)(1) by meeting 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) Operate the capture system at or above the lowest values or 
settings established for the operating limits in your operation and 
maintenance plan; and
    (2) Monitor the capture system according to the requirements in 
Sec.  63.7830(a) and collect, reduce, and record the monitoring data for 
each of the operating limit parameters according to the applicable 
requirements of this subpart;
    (c) For each baghouse applied to meet any particulate emission limit 
in Table 1 to this subpart, you must demonstrate continuous compliance 
by meeting the requirements in paragraph

[[Page 286]]

(c)(1) or (2) of this section as applicable, and paragraphs (c)(3) and 
(4) of this section:
    (1) For a baghouse equipped with a bag leak detection system, 
operating and maintaining each bag leak detection system according to 
Sec.  63.7831(f) and recording all information needed to document 
conformance with these requirements. If you increase or decrease the 
sensitivity of the bag leak detection system beyond the limits specified 
in Sec.  63.7831(f)(6), you must include a copy of the required written 
certification by a responsible official in the next semiannual 
compliance report.
    (2) For a baghouse equipped with a COMS, operating and maintaining 
each COMS and reducing the COMS data according to Sec.  63.7831(h).
    (3) Inspecting each baghouse according to the requirements in Sec.  
63.7830(b)(4) and maintaining all records needed to document conformance 
with these requirements.
    (4) Maintaining records of the time you initiated corrective action 
in the event of a bag leak detection system alarm or when the hourly 
average opacity exceeded 5 percent, the corrective action(s) taken, and 
the date on which corrective action was completed.
    (d) For each venturi scrubber subject to the operating limits for 
pressure drop and scrubber water flow rate in Sec.  63.7790(b)(2), you 
must demonstrate continuous compliance by meeting the requirements of 
paragraphs (d)(1) through (4) of this section:
    (1) Maintaining the hourly average pressure drop and scrubber water 
flow rate at levels no lower than those established during the initial 
or subsequent performance test;
    (2) Operating and maintaining each venturi scrubber CPMS according 
to Sec.  63.7831(g) and recording all information needed to document 
conformance with these requirements; and
    (3) Collecting and reducing monitoring data for pressure drop and 
scrubber water flow rate according to Sec.  63.7831(b) and recording all 
information needed to document conformance with these requirements.
    (4) If the hourly average pressure drop or scrubber water flow rate 
is below the operating limits, you must follow the corrective action 
procedures in paragraph (g) of this section.
    (e) For each electrostatic precipitator subject to the opacity 
operating limit in Sec.  63.7790(b)(3), you must demonstrate continuous 
compliance by meeting the requirements of paragraphs (e)(1) through (3) 
of this section:
    (1) Maintaining the hourly average opacity of emissions no higher 
than 10 percent; and
    (2) Operating and maintaining each COMS and reducing the COMS data 
according to Sec.  63.7831(h).
    (3) If the hourly average opacity of emissions exceeds 10 percent, 
you must follow the corrective action procedures in paragraph (g) of 
this section.
    (f) For each new or existing sinter plant subject to the operating 
limit in Sec.  63.7790(d), you must demonstrate continuous compliance by 
either:
    (1) For the sinter plant feedstock oil content operating limit in 
Sec.  63.7790(d)(1),
    (i) Computing and recording the 30-day rolling average of the 
percent oil content for each operating day according to the performance 
test procedures in Sec.  63.7824(d);
    (ii) Recording the sampling date and time, oil content values, and 
sinter produced (tons/day); and
    (iii) Maintaining the 30-day rolling average oil content of the 
feedstock no higher than 0.02 percent.
    (2) For the volatile organic compound operating limit in Sec.  
63.7790(d)(2),
    (i) Computing and recording the 30-day rolling average of the 
volatile organic compound emissions for each operating day according to 
the performance test procedures in Sec.  63.7824(e);
    (ii) Recording the sampling date and time, sampling values, and 
sinter produced (tons/day); and
    (iii) Maintaining the 30-day rolling average of volatile organic 
compound emissions no higher than 0.2 lb/ton of sinter produced.
    (g) If the hourly average pressure drop or water flow rate for a 
venturi scrubber or hourly average opacity for an electrostatic 
precipitator exceeds the operating limit, you must follow the procedures 
in paragraphs (g)(1) through (4) of this section.

[[Page 287]]

    (1) You must initiate corrective action to determine the cause of 
the exceedance within 1 hour. During any period of corrective action, 
you must continue to monitor and record all required operating 
parameters for equipment that remains in operation. Within 24 hours of 
the exceedance, you must measure and record the hourly average operating 
parameter value for the emission unit on which corrective action was 
taken. If the hourly average parameter value meets the applicable 
operating limit, then the corrective action was successful and the 
emission unit is in compliance with the applicable operating limit.
    (2) If the initial corrective action required in paragraph (g)(1) of 
this section was not successful, you must complete additional corrective 
action within the next 24 hours (48 hours from the time of the 
exceedance). During any period of corrective action, you must continue 
to monitor and record all required operating parameters for equipment 
that remains in operation. After this second 24-hour period, you must 
again measure and record the hourly average operating parameter value 
for the emission unit on which corrective action was taken. If the 
hourly average parameter value meets the applicable operating limit, 
then the corrective action was successful and the emission unit is in 
compliance with the applicable operating limit.
    (3) For purposes of paragraphs (g)(1) and (2) of this section, in 
the case of an exceedance of the hourly average opacity operating limit 
for an electrostatic precipitator, measurements of the hourly average 
opacity based on visible emission observations in accordance with EPA 
Method 9 (in appendix A-4 to part 60) may be taken to evaluate the 
effectiveness of corrective action. ASTM D7520-16 (incorporated by 
reference, see Sec.  63.14) may be used with the following conditions:
    (i) During the DCOT certification procedure outlined in Section 9.2 
of ASTM D7520-16 (incorporated by reference, see Sec.  63.14), the owner 
or operator or the DCOT vendor must present the plumes in front of 
various backgrounds of color and contrast representing conditions 
anticipated during field use such as blue sky, trees, and mixed 
backgrounds (clouds and/or a sparse tree stand).
    (ii) The owner or operator must also have standard operating 
procedures in place including daily or other frequency quality checks to 
ensure the equipment is within manufacturing specifications as outlined 
in Section 8.1 of ASTM D7520-16 (incorporated by reference, see Sec.  
63.14).
    (iii) The owner or operator must follow the recordkeeping procedures 
outlined in Sec.  63.10(b)(1) for the DCOT certification, compliance 
report, data sheets, and all raw unaltered JPEGs used for opacity and 
certification determination.
    (iv) The owner or operator or the DCOT vendor must have a minimum of 
four independent technology users apply the software to determine the 
visible opacity of the 300 certification plumes. For each set of 25 
plumes, the user may not exceed 15-percent opacity of anyone reading and 
the average error must not exceed 7.5-percent opacity.
    (v) Use of this approved alternative does not provide or imply a 
certification or validation of any vendor's hardware or software. The 
onus to maintain and verify the certification and/or training of the 
DCOT camera, software, and operator in accordance with ASTM D7520-16 
(incorporated by reference, see Sec.  63.14) and these requirements is 
on the facility, DCOT operator, and DCOT vendor.
    (4) If the second attempt at corrective action required in paragraph 
(g)(2) of this section was not successful, you must report the 
exceedance as a deviation in your next semiannual compliance report 
according to Sec.  63.7841(b).
    (h) If you are demonstrating compliance with the mercury emission 
limits in Table 1 of this section for your BOPF Groups through 
performance testing, you must conduct mercury performance tests in 
accordance with Sec. Sec.  63.7821(e) and 63.7825 and calculate the 
emissions from each new and existing affected source in pounds of 
mercury per ton of steel scrap to determine compliance with the mercury 
emission limits in Table 1. Sum the mercury mass emissions (in pounds) 
from all BOPF Group units calculated using Equation 1 of Sec.  63.7825. 
Divide that sum

[[Page 288]]

by the sum of the total amount of steel scrap charged to the BOPFs (in 
tons).
    (i) If you are demonstrating compliance with the mercury emission 
limits in Table 1 of this section for your BOPF Groups by certifying 
participation in the NVMSRP or another EPA-approved mercury program, or 
by using scrap that does not contain mercury switches, you must obtain 
and certify your use of steel scrap per Sec.  63.7791(c), (d), or (e), 
as applicable, and Sec.  63.7841(b)(11) to demonstrate continuous 
compliance with the standard.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39587, July 13, 2006; 85 
FR 42120, July 13, 2020]



Sec.  63.7834  How do I demonstrate continuous compliance with the operation
and maintenance requirements that apply to me?

    (a) For each capture system and control device subject to an 
operating limit in Sec.  63.7790(b), you must demonstrate continuous 
compliance with the operation and maintenance requirements in Sec.  
63.7800(b) by meeting the requirements of paragraphs (a)(1) through (4) 
of this section:
    (1) Making monthly inspections of capture systems and initiating 
corrective action according to Sec.  63.7800(b)(1) and recording all 
information needed to document conformance with these requirements;
    (2) Performing preventative maintenance according to Sec.  
63.7800(b)(2) and recording all information needed to document 
conformance with these requirements;
    (3) Initiating and completing corrective action for a baghouse 
equipped with a bag leak detection system or COMS according to Sec.  
63.7800(b)(4) and recording all information needed to document 
conformance with these requirements, including the time you initiated 
corrective action, the corrective action(s) taken, and date on which 
corrective action was completed.
    (4) Initiating and completing corrective action for a venturi 
scrubber equipped with a CPMS or an electrostatic precipitator equipped 
with a COMS according to Sec.  63.7833(g) and recording all information 
needed to document conformance with these requirements, including the 
time you initiated corrective action, the corrective action(s) taken 
within the first 24 hours according to Sec.  63.7833(g)(1) and whether 
they were successful, the corrective action(s) taken within the second 
24 hours according to Sec.  63.7833(g)(2) and whether they were 
successful, and the date on which corrective action was completed.
    (b) You must maintain a current copy of the operation and 
maintenance plan required in Sec.  63.7800(b) onsite and available for 
inspection upon request. You must keep the plans for the life of the 
affected source or until the affected source is no longer subject to the 
requirements of this subpart.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006]



Sec.  63.7835  What other requirements must I meet to demonstrate continuous
compliance?

    Except as provided in Sec.  63.7833(g), you must report each 
instance in which you did not meet each emission limitation in Sec.  
63.7790 that applies to you. This includes periods of startup, shutdown, 
and malfunction. You also must report each instance in which you did not 
meet each operation and maintenance requirement in Sec.  63.7800 that 
applies to you. These instances are deviations from the emission 
limitations and operation and maintenance requirements in this subpart. 
These deviations must be reported according to the requirements in Sec.  
63.7841.
    (a) In the event that an affected unit fails to meet an applicable 
standard, 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.  63.7810(d), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (d) For existing sources and for new or reconstructed sources which 
commenced construction or reconstruction on or before August 16, 2019, 
before January 11, 2021, consistent with Sec. Sec.  63.6(e)

[[Page 289]]

and 63.7(e)(1), deviations that occur during a period of startup, 
shutdown, or malfunction are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
Sec.  63.6(e)(1). The Administrator will determine whether deviations 
that occur during a period of startup, shutdown, or malfunction are 
violations, according to the provisions in Sec.  63.6(e). After January 
11, 2021 for such sources, and after July 13, 2020 for new and 
reconstructed sources which commence construction or reconstruction 
after August 16, 2019, the exemptions for periods of startup, shutdown, 
and malfunction in Sec.  63.6(e) no longer apply.

[85 FR 42121, July 13, 2020]

                   Notifications, Reports, and Records



Sec.  63.7840  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e) and (f)(4), and 63.9(b) 
through (h) that apply to you by the specified dates.
    (b) As specified in Sec.  63.9(b)(2), if you startup your affected 
source before May 20, 2003, you must submit your initial notification no 
later than September 17, 2003, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
    (c) As specified in Sec.  63.9(b)(3), if you start your new affected 
source on or after May 20, 2003, you must submit your initial 
notification no later than 120 calendar days after you become subject to 
this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec.  63.7(b)(1). For the first mercury compliance test in 
the BOPF Group for anyone sequence of tests, you must include a schedule 
of all subsequent tests in the BOPF Group in the test series.
    (e) If you are required to conduct a performance test, opacity 
observation, or other initial compliance demonstration, you must submit 
a notification of compliance according to Sec.  63.9(h)(2)(ii), except 
that for the purposes of submitting the notification of compliance 
status for BOPF Group mercury testing, the performance test shall be 
considered complete when the final unit or control device in the BOPF 
Group in the sequence is tested.
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the notification of compliance 
status before the close of business on the 30th calendar day following 
completion of the initial compliance demonstration.
    (2) For each initial compliance demonstration that includes a 
performance test, you must submit the notification of compliance status, 
including the summary of performance test results, before the close of 
business on the 60th calendar day following the completion of the 
performance test according to Sec.  63.10(d)(2).
    (f) The notification of compliance status required by Sec. Sec.  
63.9(b) and (h) and 63.7826(c) must include each applicable 
certification of compliance, signed by a responsible official, in 
paragraphs (f)(1) and (2) of this section, regarding the mercury 
requirements, as applicable, in Sec.  63.7791(c) through (e).
    (1) ``This facility participates in and purchases scrap only from 
scrap providers who participate in a program for removal of mercury 
switches that has been approved by the EPA Administrator, in accordance 
with Sec.  63.7791(c) or (e)''; or
    (2) ``This facility complies with the requirements for scrap that 
does not contain mercury switches, in accordance with Sec.  
63.7791(d).''
    (g) Within 60 calendar days after the date of completing each 
performance test required by this subpart, you must submit the results 
of the performance test following the procedures specified in paragraphs 
(g)(1) through (3) of this section. Where applicable, you may assert a 
claim of EPA system outage, in accordance with Sec.  63.7841(e), or 
force majeure, in accordance with Sec.  63.7841(f), for failure to 
timely comply with this requirement.
    (1) Data collected using test methods supported by EPA's Electronic 
Reporting Tool (ERT) as listed on EPA's ERT website (https://
www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-
tool-ert) at the time of the test.

[[Page 290]]

Submit the results of the performance test to the EPA via the Compliance 
and Emissions Data Reporting Interface (CEDRI), which can be accessed 
through EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The 
data must be submitted in a file format generated through the use of 
EPA's ERT. Alternatively, you may submit an electronic file consistent 
with the extensible markup language (XML) schema listed on EPA's ERT 
website.
    (2) Data collected using test methods that are not supported by 
EPA's ERT as listed on EPA's ERT website at the time of the test. The 
results of the performance test must be included as an attachment in the 
ERT or an alternate electronic file consistent with the XML schema 
listed on EPA's ERT website. Submit the ERT generated package or 
alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (g) of this section is CBI, 
you must submit a complete file, including information claimed to be 
CBI, to the EPA. The file must be generated through the use of EPA's ERT 
or an alternate electronic file consistent with the XML schema listed on 
EPA's ERT website. Submit the file on a compact disc, flash drive, or 
other commonly used electronic storage medium and clearly mark the 
medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted 
must be submitted to the EPA via EPA's CDX as described in paragraph (g) 
of this section.
    (h) Within 60 calendar days after the date of completing each 
continuous monitoring system (CMS) performance evaluation (as defined in 
Sec.  63.2), you must submit the results of the performance evaluation 
following the procedures specified in paragraphs (h)(1) through (3) of 
this section. Where applicable, you may assert a claim of EPA system 
outage, in accordance with Sec.  63.7841(e), or force majeure, in 
accordance with Sec.  63.7841(f), for failure to timely comply with this 
requirement.
    (1) Performance evaluations of CMS measuring relative accuracy test 
audit (RATA) pollutants that are supported by EPA's ERT as listed on 
EPA's ERT website at the time of the evaluation. Submit the results of 
the performance evaluation to the EPA via CEDRI, which can be accessed 
through EPA's CDX. The data must be submitted in a file format generated 
through the use of EPA's ERT. Alternatively, you may submit an 
electronic file consistent with the XML schema listed on EPA's ERT 
website.
    (2) Performance evaluations of CMS measuring RATA pollutants that 
are not supported by EPA's ERT as listed on EPA's ERT website at the 
time of the evaluation. The results of the performance evaluation must 
be included as an attachment in the ERT or an alternate electronic file 
consistent with the XML schema listed on EPA's ERT website. Submit the 
ERT generated package or alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under this paragraph (h) is CBI, you must 
submit a complete file, including information claimed to be CBI, to the 
EPA. The file must be generated through the use of EPA's ERT or an 
alternate electronic file consistent with the XML schema listed on EPA's 
ERT website. Submit the file on a compact disc, flash drive, or other 
commonly used electronic storage medium and clearly mark the medium as 
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted to the EPA via EPA's CDX as described in this paragraph (h).

[68 FR 27663, May 20, 2003, as amended at 85 FR 42121, July 13, 2020; 85 
FR 73913, Nov. 19, 2020]



Sec.  63.7841  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the

[[Page 291]]

requirements in paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.7783 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your source in Sec.  
63.7783.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you 
may submit the first and subsequent compliance reports according to the 
dates the permitting authority has established instead of according to 
the dates in paragraphs (a)(1) through (4) of this section.
    (b) Compliance report contents. Each compliance report must include 
the information in paragraphs (b)(1) through (3) of this section and, as 
applicable, paragraphs (b)(4) through (13) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) For existing sources and for new or reconstructed sources for 
which construction or reconstruction commenced on or before August 16, 
2019, before January 11, 2021, if you had a startup, shutdown, or 
malfunction during the reporting period and you took actions consistent 
with your startup, shutdown, and malfunction plan, the compliance report 
must include the information in Sec.  63.10(d)(5)(i). A startup, 
shutdown, and malfunction plan and the information in Sec.  
63.10(d)(5)(i) is not required after January 11, 2021.
    (5) If there were no deviations from the continuous compliance 
requirements in Sec. Sec.  63.7833 and 63.7834 that apply to you, a 
statement that there were no deviations from the emission limitations or 
operation and maintenance requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS, COMS, or continuous emission monitoring system 
(CEMS) was out-of-control as specified in Sec.  63.8(c)(7), a statement 
that there were no periods during which the CPMS was out-of-control 
during the reporting period.
    (7) For each deviation from an emission limitation in Sec.  63.7790 
that occurs at an affected source where you are not using a continuous 
monitoring system (including a CPMS, COMS, or CEMS) to comply with an 
emission limitation in this subpart, the compliance report must contain 
the information in paragraphs (b)(1) through (4) of this section, the 
information in paragraphs (b)(7)(i) and (ii) of this section, and the 
information in (b)(13) of this section. This includes periods of 
startup, shutdown, and malfunction.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the duration and cause of deviations (including 
unknown cause, if applicable) as applicable and the corrective action 
taken.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a continuous monitoring system 
(including a CPMS or COMS) to comply with the emission limitation in 
this subpart, you must include the information in paragraphs (b)(1) 
through (4) of this section, the information in paragraphs (b)(8)(i) 
through (xi) of this section, and the information in (b)(13) of this 
section. This includes periods of malfunction.

[[Page 292]]

    (i) The date and time that each malfunction started and stopped.
    (ii) The date, time, and duration that each continuous monitoring 
was inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control as specified in Sec.  63.8(c)(7), including 
the information in Sec.  63.8(c)(8).
    (iv) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a malfunction or during another 
period.
    (v) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (9) Any deviation from the requirements in Sec.  63.7791 and the 
corrective action taken. For each deviation, you must include the 
information in (b)(13) of this section.
    (10) If there were no deviations from the requirements in Sec.  
63.7791, a statement that there were no deviations from the requirements 
during the reporting period.
    (11) If the facility demonstrates compliance with the mercury 
emission limits in Table 1 through the compliance options in Sec.  
63.7791(c), (d), or (e), the report must contain the applicable 
statement in paragraphs (b)(11)(i) and (ii) of this section, as 
applicable.
    (i) ``This facility participates in and purchases scrap only from 
scrap providers who participate in a program for removal of mercury 
switches that has been approved by the EPA Administrator, in accordance 
with Sec.  63.7791(c) or (e)''; or
    (ii) ``This facility complies with the requirements for scrap that 
does not contain mercury switches, in accordance with Sec.  
63.7791(d).''
    (12) For existing sources and for new or reconstructed sources which 
commenced construction or reconstruction on or before August 16, 2019, 
before January 11, 2021, for each startup, shutdown, or malfunction 
during the reporting period that is not consistent with your startup, 
shutdown, and malfunction plan you must submit an immediate startup, 
shutdown and malfunction report. Unless the Administrator has approved a 
different schedule for submission of reports under Sec.  63.10(a), you 
must submit each report according to paragraphs (f)(1) and (2) of this 
section. An immediate startup, shutdown, and malfunction report is not 
required after January 11, 2021.
    (13) Beginning on January 11, 2021 if you failed to meet an 
applicable standard, the compliance report must include the start date, 
start time, and duration of each failure. For each failure, the 
compliance 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.
    (c) Use of CEDRI template. Beginning on January 11, 2021 or 180 days 
after the date the reporting template becomes available in CEDRI, 
whichever is later, submit all subsequent reports following the 
procedure specified in paragraph (d) of this section.
    (d) CEDRI submission. If you are required to submit reports 
following the procedure specified in this paragraph, you must submit 
reports to the EPA via CEDRI, which can be accessed through EPA's CDX 
(https://cdx.epa.gov/). You must use the appropriate electronic report 
template on the CEDRI

[[Page 293]]

website (https://www.epa.gov/electronic-reporting-air-emissions/
compliance-and-emissions-data-reporting-interface-cedri) for this 
subpart. The date report templates become available will be listed on 
the CEDRI website. The report must be submitted by the deadline 
specified in this subpart, regardless of the method in which the report 
is submitted. If you claim some of the information required to be 
submitted via CEDRI is CBI, submit a complete report, including 
information claimed to be CBI, to the EPA. The report must be generated 
using the appropriate form on the CEDRI website. Submit the file on a 
compact disc, flash drive, or other commonly used electronic storage 
medium and clearly mark the medium as CBI. Mail the electronic medium to 
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted must be submitted to the EPA via EPA's CDX as 
described earlier in this paragraph.
    (e) CDX outage. If you are required to electronically submit a 
report through CEDRI in EPA's CDX, you may assert a claim of EPA system 
outage for failure to timely comply with the reporting requirement. To 
assert a claim of EPA system outage, you must meet the requirements 
outlined in paragraphs (e)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (f) Claim of force majeure. If you are required to electronically 
submit a report through CEDRI in EPA's CDX, you may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. To assert a claim of force majeure, you must meet the 
requirements outlined in paragraphs (f)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:

[[Page 294]]

    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
    (g) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to part 70 or 71 of 
this chapter, you must report all deviations as defined in this subpart 
in the semiannual monitoring report required by Sec.  70.6(a)(3)(iii)(A) 
or Sec.  71.6(a)(3)(iii)(A) of this chapter. If you submit a compliance 
report for an affected source along with, or as part of, the semiannual 
monitoring report required by Sec.  70.6(a)(3)(iii)(A) or Sec.  
71.6(a)(3)(iii)(A) of this chapter, and the compliance report includes 
all the required information concerning deviations from any emission 
limitation, standard, or operation and maintenance requirement in this 
subpart, submission of the compliance report satisfies any obligation to 
report the same deviations in the semiannual monitoring report. However, 
submission of a compliance report does not otherwise affect any 
obligation you may have to report deviations from permit requirements 
for an affected source to your permitting authority.

[68 FR 27663, May 20, 2003, as amended at 85 FR 42122, July 13, 2020]



Sec.  63.7842  What records must I keep?

    (a) You must keep the following records:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or notification of compliance status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) For existing sources and for new or reconstructed sources which 
commenced construction or reconstruction on or before August 16, 2019, 
before January 11, 2021, the records in Sec.  63.6(e)(3)(iii) through 
(v) related to startup, shutdown, and malfunction for a period of five 
years. A startup, shutdown, and malfunction plan is not required after 
January 11, 2021.
    (3) For each failure to meet an applicable standard, 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.
    (4) Records of the actions taken to minimize emissions in accordance 
with Sec.  63.7810(d), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (5) Records of performance tests, performance evaluations, and 
opacity observations as required in Sec.  63.10(b)(2)(viii).
    (b) For each COMS, you must keep the records specified in paragraphs 
(b)(1) through (4) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi).
    (2) Monitoring data for a performance evaluation as required in 
Sec.  63.6(h)(7)(i) and (ii).
    (3) Previous (that is, superseded) versions of the performance 
evaluation plan required under Sec.  63.8(d)(2), with the program of 
corrective action included in the plan.
    (4) Records of the date and time that each deviation started and 
stopped, and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) You must keep the records required in Sec.  63.6(h)(6) for 
visual observations.
    (d) You must keep the records required in Sec. Sec.  63.7833 and 
63.7834 to show continuous compliance with each emission limitation and 
operation and maintenance requirement that applies to you.
    (e) If you are demonstrating compliance with the mercury emission 
limit in Table 1 through Sec.  63.7791(c), you must

[[Page 295]]

keep records to demonstrate compliance with the requirements for mercury 
in Sec.  63.7791(c) as applicable. If you are demonstrating compliance 
with the mercury emission limit in Table 1 through Sec.  63.7791(d), you 
must keep records documenting compliance with Sec.  63.7791(d) for scrap 
that does not contain mercury switches. If you are demonstrating 
compliance with the mercury emission limit in Table 1 through Sec.  
63.7791(e), you must maintain records identifying each scrap provider 
and documenting the scrap provider's participation in an approved 
mercury switch removal program. If you purchase scrap from a broker, you 
must maintain records identifying each broker and documentation that all 
scrap provided by the broker was obtained from other scrap providers who 
participate in an approved mercury switch removal program.

[68 FR 27663, May 20, 2003, as amended at 85 FR 42123, July 13, 2020]



Sec.  63.7843  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record according to Sec.  63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.7850  What parts of the General Provisions apply to me?

    Table 4 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.



Sec.  63.7851  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and enforce this 
subpart. You should contact your U.S. EPA Regional Office to find out if 
this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (5) of this 
section.
    (1) Approval of alternative opacity emission limits in Table 1 to 
this subpart under Sec.  63.6(h)(9).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90, except for 
approval of an alternative method for the oil content of the sinter 
plant feedstock or volatile organic compound measurements for the sinter 
plant windbox exhaust stream stack as provided in Sec.  63.7824(f).
    (3) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006; 85 
FR 42124, July 13, 2020]



Sec.  63.7852  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows.
    Bag leak detection system means a system that is capable of 
continuously monitoring relative particulate matter (dust) loadings in 
the exhaust of a baghouse to detect bag leaks and other upset 
conditions. A bag leak detection system includes, but is not limited to,

[[Page 296]]

an instrument that operates on tribroelectric, light scattering, light 
transmittance, or other effect to continuously monitor relative 
particulate matter loadings.
    Basic oxygen process furnace means any refractory-lined vessel in 
which high-purity oxygen is blown under pressure through a bath of 
molten iron, scrap metal, and fluxes to produce steel. This definition 
includes both top and bottom blown furnaces, but does not include argon 
oxygen decarburization furnaces.
    Basic oxygen process furnace group means the collection of BOPF shop 
steelmaking operating units and their control devices including the BOPF 
primary emission control system, BOPF secondary control system, ladle 
metallurgy units, and hot metal transfer, desulfurization and slag 
skimming units that are operating at the time of each mercury test 
sequence. In the case of duplicate units in the BOPF Group, the BOPF 
Group for purposes of this rule means only those units operating at the 
time of the test sequence. See related definitions in this section for 
``primary emissions,'' ``primary emission control system,'' ``secondary 
emissions,'' and ``secondary emission control system.''
    Basic oxygen process furnace shop means the place where steelmaking 
operations that begin with the transfer of molten iron (hot metal) from 
the torpedo car and end prior to casting the molten steel, including hot 
metal transfer, desulfurization, slag skimming, refining in a basic 
oxygen process furnace, and ladle metallurgy occur.
    Basic oxygen process furnace shop ancillary operations means the 
processes where hot metal transfer, hot metal desulfurization, slag 
skimming, and ladle metallurgy occur.
    Blast furnace means a furnace used for the production of molten iron 
from iron ore and other iron bearing materials.
    Bottom-blown furnace means any basic oxygen process furnace in which 
oxygen and other combustion gases are introduced into the bath of molten 
iron through tuyeres in the bottom of the vessel or through tuyeres in 
the bottom and sides of the vessel.
    Casthouse means the building or structure that encloses the bottom 
portion of a blast furnace where the hot metal and slag are tapped from 
the furnace.
    Certified observer means a visible emission observer certified to 
perform EPA Method 9 opacity observations.
    Desulfurization means the process in which reagents such as 
magnesium, soda ash, and lime are injected into the hot metal, usually 
with dry air or nitrogen, to remove sulfur.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
operating limits), standard, or operation and maintenance requirement;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation in this subpart during 
startup, shutdown, or malfunction, regardless of whether or not such 
failure is permitted by this subpart.
    Discharge end means the place where those operations conducted 
within the sinter plant starting at the discharge of the sintering 
machine's traveling grate including (but not limited to) hot sinter 
crushing, screening, and transfer operations occur.
    Emission limitation means any emission limit, opacity limit, or 
operating limit.
    Hot metal transfer station means the location in a basic oxygen 
process furnace shop where molten iron (hot metal) is transferred from a 
torpedo car or hot metal car used to transport hot metal from the blast 
furnace casthouse to a holding vessel or ladle in the basic oxygen 
process furnace shop. This location also is known as the reladling 
station or ladle transfer station.
    Integrated iron and steel manufacturing facility means an 
establishment engaged in the production of steel from iron ore.

[[Page 297]]

    Ladle metallurgy means a secondary steelmaking process that is 
performed typically in a ladle after initial refining in a basic oxygen 
process furnace to adjust or amend the chemical and/or mechanical 
properties of steel. This definition does not include vacuum degassing.
    Mercury switch means each mercury-containing capsule or switch 
assembly that is part of a convenience light switch mechanism installed 
in a motor vehicle.
    Motor vehicle means an automotive vehicle not operated on rails and 
usually operated with rubber tires for use on roads and highways.
    Motor vehicle scrap means post-consumer scrap from discarded 
automotive vehicles, in whole or in part, including automobile body 
hulks that have been processed through a shredder. Motor vehicle scrap 
does not include automobile manufacturing bundles or miscellaneous 
vehicle parts, such as wheels and bumpers, which do not contain mercury 
switches.
    Opening means any roof monitor, vent, door, window, hole, crack or 
other conduit that allows gas to escape to the atmosphere from a blast 
furnace casthouse or BOPF shop.
    Post-consumer steel scrap means steel scrap that is composed of 
materials made of steel that were purchased by households or by 
commercial, industrial, and institutional facilities in their role as 
end-users of the product and which can no longer be used for its 
intended purpose.
    Pre-consumer steel scrap means steel scrap that is left over from 
industrial or manufacturing processes and which is subsequently recycled 
as scrap. Other terms used to describe this scrap are new, home, run-
around, prompt-industrial, and return scrap.
    Primary emissions means particulate matter emissions from the basic 
oxygen process furnace generated during the steel production cycle which 
are captured and treated in the furnace's primary emission control 
system.
    Primary emission control system means the combination of equipment 
used for the capture and collection of primary emissions (e.g., an open 
hood capture system used in conjunction with an electrostatic 
precipitator or a closed hood system used in conjunction with a 
scrubber).
    Primary oxygen blow means the period in the steel production cycle 
of a basic oxygen process furnace during which oxygen is blown through 
the molten iron bath by means of a lance inserted from the top of the 
vessel (top-blown) or through tuyeres in the bottom and/or sides of the 
vessel (bottom-blown).
    Responsible official means responsible official as defined in Sec.  
63.2.
    Scrap provider means the company or person (including a broker) who 
contracts directly with an integrated iron and steel manufacturing 
facility to provide steel scrap. Scrap processors, such as shredder 
operators or vehicle dismantlers, who do not sell scrap directly to an 
integrated iron and steel manufacturing facility are not scrap 
providers.
    Secondary emissions means particulate matter emissions that are not 
controlled by a primary emission control system, including emissions 
that escape from open and closed hoods, lance hole openings, and gaps or 
tears in ductwork to the primary emission control system.
    Secondary emission control system means the combination of equipment 
used for the capture and collection of secondary emissions from a basic 
oxygen process furnace.
    Shredded motor vehicle scrap means post-consumer scrap from 
discarded automotive vehicles that has been processed through a 
shredder.
    Sinter cooler means the apparatus used to cool the hot sinter 
product that is transferred from the discharge end through contact with 
large volumes of induced or forced draft air.
    Sinter plant means the machine used to produce a fused clinker-like 
aggregate or sinter of fine iron-bearing materials suited for use in a 
blast furnace. The machine is composed of a continuous traveling grate 
that conveys a bed of ore fines and other finely divided iron-bearing 
material and fuel (typically coke breeze), a burner at the feed end of 
the grate for ignition, and a series of downdraft windboxes along the 
length of the strand to support downdraft combustion and heat sufficient 
to produce a fused sinter product.

[[Page 298]]

    Skimming station means the locations inside a basic oxygen process 
furnace shop where slag is removed from the top of the molten metal 
bath.
    Specialty metal scrap means scrap where the only materials from 
motor vehicles in the scrap are materials (such as certain exhaust 
systems) recovered for their specialty alloy content (including, but not 
limited to, chromium, nickel, molybdenum, or other alloys), and, based 
on the nature of the scrap and purchase specifications, the scrap is not 
expected to contain mercury switches.
    Steel production cycle means the operations conducted within the 
basic oxygen process furnace shop that are required to produce each 
batch of steel. The following operations are included: scrap charging, 
preheating (when done), hot metal charging, primary oxygen blowing, 
sampling, (vessel turndown and turnup), additional oxygen blowing (when 
done), tapping, and deslagging. The steel production cycle begins when 
the scrap is charged to the furnace and ends after the slag is emptied 
from the vessel into the slag pot.
    Steel scrap means pre-consumer and post-consumer discarded steel 
that is processed by scrap providers for resale (post-consumer) or used 
on-site (pre-consumer or run-around scrap from within a facility or 
company). Post-consumer steel scrap may or may not contain motor vehicle 
scrap, depending on the type of scrap.
    Top-blown furnace means any basic oxygen process furnace in which 
oxygen is introduced into the bath of molten iron by means of an oxygen 
lance inserted from the top of the vessel.
    Windboxes means the compartments that provide for a controlled 
distribution of downdraft combustion air as it is drawn through the 
sinter bed of a sinter plant to make the fused sinter product.

[68 FR 27663, May 20, 2003, as amended at 71 FR 39588, July 13, 2006; 85 
FR 42124, July 13, 2020]



  Sec. Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits

    As required in Sec.  63.7790(a), you must comply with each 
applicable emission and opacity limit in the following table:

    Table 1 to Subpart FFFFF of Part 63--Emission and Opacity Limits
------------------------------------------------------------------------
                                    You must comply with each of the
          For . . .                         following . . .
------------------------------------------------------------------------
1. Each windbox exhaust        You must not cause to be discharged to
 stream at an existing sinter   the atmosphere any gases that contain
 plant.                         particulate matter in excess of 0.4 lb/
                                ton of product sinter.
2. Each windbox exhaust        You must not cause to be discharged to
 stream at a new sinter plant.  the atmosphere any gases that contain
                                particulate matter in excess of 0.3 lb/
                                ton of product sinter.
3. Each discharge end at an    a. You must not cause to be discharged to
 existing sinter plant.         the atmosphere any gases that exit from
                                one or more control devices that
                                contain, on a flow-weighted basis,
                                particulate matter in excess of 0.02 gr/
                                dscf 1 2; and
                               b. You must not cause to be discharged to
                                the atmosphere any secondary emissions
                                that exit any opening in the building or
                                structure housing the discharge end that
                                exhibit opacity greater than 20 percent
                                (6-minute average).
4. Each discharge end at a     a. You must not cause to be discharged to
 new sinter plant.              the atmosphere any gases that exit from
                                one or more control devices that
                                contain, on a flow weighted basis,
                                particulate matter in excess of 0.01 gr/
                                dscf; and
                               b. You must not cause to be discharged to
                                the atmosphere any secondary emissions
                                that exit any opening in the building or
                                structure housing the discharge end that
                                exhibit opacity greater than 10 percent
                                (6-minute average).
5. Each sinter cooler at an    You must not cause to be discharged to
 existing sinter plant.         the atmosphere any emissions that
                                exhibit opacity greater than 10 percent
                                (6-minute average).
6. Each sinter cooler at a     You must not cause to be discharged to
 new sinter plant.              the atmosphere any gases that contain
                                particulate matter in excess of 0.01 gr/
                                dscf.
7. Each casthouse at an        a. You must not cause to be discharged to
 existing blast furnace.        the atmosphere any gases that exit from
                                a control device that contain
                                particulate matter in excess of 0.01 gr/
                                dscf \2\; and
                               b. You must not cause to be discharged to
                                the atmosphere any secondary emissions
                                that exit all openings in the casthouse
                                or structure housing the blast furnace
                                that exhibit opacity greater than 20
                                percent (6-minute average).
8. Each casthouse at a new     a. You must not cause to be discharged to
 blast furnace.                 the atmosphere any gases that exit from
                                a control device that contain
                                particulate matter in excess of 0.003 gr/
                                dscf; and

[[Page 299]]

 
                               b. You must not cause to be discharged to
                                the atmosphere any secondary emissions
                                that exit all openings in the casthouse
                                or structure housing the blast furnace
                                that exhibit opacity greater than 15
                                percent (6-minute average).
9. Each BOPF at a new or       a. You must not cause to be discharged to
 existing shop.                 the atmosphere any gases that exit from
                                a primary emission control system for a
                                BOPF with a closed hood system at a new
                                or existing BOPF shop that contain, on a
                                flow-weighted basis, particulate matter
                                in excess of 0.03 gr/dscf during the
                                primary oxygen blow 2 3; and
                               b. You must not cause to be discharged to
                                the atmosphere any gases that exit from
                                a primary emission control system for a
                                BOPF with an open hood system that
                                contain, on a flow-weighted basis,
                                particulate matter in excess of 0.02 gr/
                                dscf during the steel production cycle
                                for an existing BOPF shop 2 3 or 0.01 gr/
                                dscf during the steel production cycle
                                for a new BOPF shop \3\; and
                               c. You must not cause to be discharged to
                                the atmosphere any gases that exit from
                                a control device used solely for the
                                collection of secondary emissions from
                                the BOPF that contain particulate matter
                                in excess of 0.01 gr/dscf for an
                                existing BOPF shop \2\ or 0.0052 gr/dscf
                                for a new BOPF shop.
10. Each hot metal transfer,   You must not cause to be discharged to
 skimming, and                  the atmosphere any gases that exit from
 desulfurization operation at   a control device that contain
 a new or existing BOPF shop.   particulate matter in excess of 0.01 gr/
                                dscf for an existing BOPF shop \2\ or
                                0.003 gr/dscf for a new BOPF shop.
11. Each ladle metallurgy      You must not cause to be discharged to
 operation at a new or          the atmosphere any gases that exit from
 existing BOPF shop.            a control device that contain
                                particulate matter in excess of 0.01 gr/
                                dscf for an existing BOPF shop \2\ or
                                0.004 gr/dscf for a new BOPF shop.
12. Each existing BOPF shop..  You must not cause to be discharged to
                                the atmosphere any secondary emissions
                                that exit any opening in the BOPF shop
                                or any other building housing the BOPF
                                or BOPF shop operation that exhibit
                                opacity greater than 20 percent (3-
                                minute average).
13. Each new BOPF shop.......  a. You must not cause to be discharged to
                                the atmosphere any secondary emissions
                                that exit any opening in the BOPF shop
                                or other building housing a bottom-blown
                                BOPF or BOPF shop operations that
                                exhibit opacity (for any set of 6-minute
                                averages) greater than 10 percent,
                                except that one 6-minute period not to
                                exceed 20 percent may occur once per
                                steel production cycle; or
                               b. You must not cause to be discharged to
                                the atmosphere any secondary emissions
                                that exit any opening in the BOPF shop
                                or other building housing a top-blown
                                BOPF or BOPF shop operations that
                                exhibit opacity (for any set of 3-minute
                                averages) greater than 10 percent,
                                except that one 3-minute period greater
                                than 10 percent but less than 20 percent
                                may occur once per steel production
                                cycle.
14. Each BOPF Group at an      You must not cause to be discharged to
 existing BOPF shop.            the atmosphere any gases that exit from
                                the collection of BOPF Group control
                                devices that contain mercury in excess
                                of 0.00026 lb/ton of steel scrap input
                                to the BOPF.
15. Each BOPF Group at a new   You must not cause to be discharged to
 BOPF shop.                     the atmosphere any gases that exit from
                                the collection of BOPF Group control
                                devices that contain mercury in excess
                                of 0.000081 lb/ton of steel scrap input
                                to the BOPF.
------------------------------------------------------------------------
\1\ This limit applies if the cooler is vented to the same control
  device as the discharge end.
\2\ This concentration limit (gr/dscf) for a control device does not
  apply to discharges inside a building or structure housing the
  discharge end at an existing sinter plant, inside a casthouse at an
  existing blast furnace, or inside an existing BOPF shop if the control
  device was installed before August 30, 2005.
\3\ This limit applies to control devices operated in parallel for a
  single BOPF during the oxygen blow.


[85 FR 42125, July 13, 2020]



   Sec. Table 2 to Subpart FFFFF of Part 63--Initial Compliance With 
                       Emission and Opacity Limits

    As required in Sec.  63.7826(a)(1), you must demonstrate initial 
compliance with the emission and opacity limits according to the 
following table:

----------------------------------------------------------------------------------------------------------------
                                                                                You have demonstrated initial
                                 For . . .                                           compliance if . . .
----------------------------------------------------------------------------------------------------------------
1. Each windbox exhaust stream at an existing sinter plant.................  The process-weighted mass rate of
                                                                              particulate matter from a windbox
                                                                              exhaust stream, measured according
                                                                              to the performance test procedures
                                                                              in Sec.   63.7822(c), did not
                                                                              exceed 0.4 lb/ton of product
                                                                              sinter.
2. Each windbox exhaust stream at a new sinter plant.......................  The process-weighted mass rate of
                                                                              particulate matter from a windbox
                                                                              exhaust stream, measured according
                                                                              to the performance test procedures
                                                                              in Sec.   63.7822(c), did not
                                                                              exceed 0.3 lb/ton of product
                                                                              sinter.
3. Each discharge end at an existing sinter plant..........................  a. The flow-weighted average
                                                                              concentration of particulate
                                                                              matter from one or more control
                                                                              devices applied to emissions from
                                                                              a discharge end, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7822(d),
                                                                              did not exceed 0.02 gr/dscf; and

[[Page 300]]

 
                                                                             b. The opacity of secondary
                                                                              emissions from each discharge end,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7823(c), did not exceed
                                                                              20 percent (6-minute average).
4. Each discharge end at a new sinter plant................................  a. The flow-weighted average
                                                                              concentration of particulate
                                                                              matter from one or more control
                                                                              devices applied to emissions from
                                                                              a discharge end, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7822(d),
                                                                              did not exceed 0.01 gr/dscf; and
                                                                             b. The opacity of secondary
                                                                              emissions from each discharge end,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7823(c), did not exceed
                                                                              10 percent (6-minute average).
5. Each sinter cooler at an existing sinter plant..........................  The opacity of emissions,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7823(e), did not exceed
                                                                              10 percent (6-minute average).
6. Each sinter cooler at a new sinter plant................................  The average concentration of
                                                                              particulate matter, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7822(b),
                                                                              did not exceed 0.01 gr/dscf.
7. Each casthouse at an existing blast furnace.............................  a. The average concentration of
                                                                              particulate matter from a control
                                                                              device applied to emissions from a
                                                                              casthouse, measured according to
                                                                              the performance test procedures in
                                                                              Sec.   63.7822(e), did not exceed
                                                                              0.01 gr/dscf; and
                                                                             b. The opacity of secondary
                                                                              emissions from each casthouse,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7823(c), did not exceed
                                                                              20 percent (6-minute average).
8. Each casthouse at a new blast furnace...................................  a. The average concentration of
                                                                              particulate matter from a control
                                                                              device applied to emissions from a
                                                                              casthouse, measured according to
                                                                              the performance test procedures in
                                                                              Sec.   63.7822(e), did not exceed
                                                                              0.003 gr/dscf; and
                                                                             b. The opacity of secondary
                                                                              emissions from each casthouse,
                                                                              determined according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7823(c), did not exceed
                                                                              15 percent (6-minute average).
9. Each BOPF at a new or existing BOPF shop................................  a. The average concentration of
                                                                              particulate matter from a primary
                                                                              emission control system applied to
                                                                              emissions from a BOPF with a
                                                                              closed hood system, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7822(f),
                                                                              did not exceed 0.03 gr/dscf for a
                                                                              new or existing BOPF shop;
                                                                             b. The average concentration of
                                                                              particulate matter from a primary
                                                                              emission control system applied to
                                                                              emissions from a BOPF with an open
                                                                              hood system, measured according to
                                                                              the performance test procedures in
                                                                              Sec.   63.7822(g), did not exceed
                                                                              0.02 gr/dscf for an existing BOPF
                                                                              shop or 0.01 gr/dscf for a new
                                                                              BOPF shop; and
                                                                             c. The average concentration of
                                                                              particulate matter from a control
                                                                              device applied solely to secondary
                                                                              emissions from a BOPF, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7822(g),
                                                                              did not exceed 0.01 gr/dscf for an
                                                                              existing BOPF shop or 0.0052 gr/
                                                                              dscf for a new BOPF shop.
10. Each hot metal transfer skimming, and desulfurization at a new or        The average concentration of
 existing BOPF shop.                                                          particulate matter from a control
                                                                              device applied to emissions from
                                                                              hot metal transfer, skimming, or
                                                                              desulfurization, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7822(h),
                                                                              did not exceed 0.01 gr/dscf for an
                                                                              existing BOPF shop or 0.003 gr/
                                                                              dscf for a new BOPF shop.
11. Each ladle metallurgy operation at a new or existing BOPF shop.........  The average concentration of
                                                                              particulate matter from a control
                                                                              device applied to emissions from a
                                                                              ladle metallurgy operation,
                                                                              measured according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7822(h), did not exceed
                                                                              0.01 gr/dscf for an existing BOPF
                                                                              shop or 0.004 gr/dscf for a new
                                                                              BOPF shop.
12. Each existing BOPF shop................................................  The opacity of secondary emissions
                                                                              from each BOPF shop, determined
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7823(d),
                                                                              did not exceed 20 percent (3-
                                                                              minute average).

[[Page 301]]

 
13. Each new BOPF shop.....................................................  a. The opacity of the highest set
                                                                              of 6-minute averages from each
                                                                              BOPF shop housing a bottom-blown
                                                                              BOPF, determined according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7823(d), did not exceed
                                                                              20 percent and the second highest
                                                                              set of 6-minute averages did not
                                                                              exceed 10 percent; or
                                                                             b. The opacity of the highest set
                                                                              of 3-minute averages from each
                                                                              BOPF shop housing a top-blown
                                                                              BOPF, determined according to the
                                                                              performance test procedures in
                                                                              Sec.   63.7823(d), did not exceed
                                                                              20 percent and the second highest
                                                                              set of 3-minute averages did not
                                                                              exceed 10 percent.
14. Each BOPF Group at an existing BOPF shop...............................  If demonstrating compliance through
                                                                              performance testing, the average
                                                                              emissions of mercury from the
                                                                              collection of BOPF Group control
                                                                              devices applied to the emissions
                                                                              from the BOPF Group, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7825, did
                                                                              not exceed 0.00026 lb/ton steel
                                                                              scrap input to the BOPF.
15. Each BOPF Group at a new BOPF shop.....................................  If demonstrating compliance through
                                                                              performance testing, the average
                                                                              emissions of mercury from the
                                                                              collection of BOPF Group control
                                                                              devices applied to the emissions
                                                                              from the BOPF Group, measured
                                                                              according to the performance test
                                                                              procedures in Sec.   63.7825, did
                                                                              not exceed 0.000081 lb/ton steel
                                                                              scrap input to the BOPF.
----------------------------------------------------------------------------------------------------------------


[85 FR 42126, July 13, 2020]



  Sec. Table 3 to Subpart FFFFF of Part 63--Continuous Compliance With 
                       Emission and Opacity Limits

    As required in Sec.  63.7833(a), you must demonstrate continuous 
compliance with the emission and opacity limits according to the 
following table:

------------------------------------------------------------------------
                                         You must demonstrate continuous
               For . . .                       compliance by . . .
------------------------------------------------------------------------
1. Each windbox exhaust stream at an     a. Maintaining emissions of
 existing sinter plant.                   particulate matter at or below
                                          0.4 lb/ton of product sinter;
                                          and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
2. Each windbox exhaust stream at a new  a. Maintaining emissions of
 sinter plant.                            particulate matter at or below
                                          0.3 lb/ton of product sinter;
                                          and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
3. Each discharge end at an existing     a. Maintaining emissions of
 sinter plant.                            particulate matter from one or
                                          more control devices at or
                                          below 0.02 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          any opening in the building or
                                          structure housing the
                                          discharge end at or below 20
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
4. Each discharge end at a new sinter    a. Maintaining emissions of
 plant.                                   particulate matter from one or
                                          more control devices at or
                                          below 0.01 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          any opening in the building or
                                          structure housing the
                                          discharge end at or below 10
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
5. Each sinter cooler at an existing     a. Maintaining the opacity of
 sinter plant.                            emissions that exit any sinter
                                          cooler at or below 10 percent
                                          (6-minute average); and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
6. Each sinter cooler at a new sinter    a. Maintaining emissions of
 plant.                                   particulate matter at or below
                                          0.1 gr/dscf; and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
7. Each casthouse at an existing blast   a. Maintaining emissions of
 furnace.                                 particulate matter from a
                                          control device at or below
                                          0.01 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          all openings in the casthouse
                                          or structure housing the
                                          casthouse at or below 20
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.

[[Page 302]]

 
8. Each casthouse at a new blast         a. Maintaining emissions of
 furnace.                                 particulate matter from a
                                          control device at or below
                                          0.003 gr/dscf; and
                                         b. Maintaining the opacity of
                                          secondary emissions that exit
                                          all openings in the casthouse
                                          or structure housing the
                                          casthouse at or below 15
                                          percent (6-minute average);
                                          and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
9. Each BOPF at a new or existing BOPF   a. Maintaining emissions of
 shop.                                    particulate matter from the
                                          primary control system for a
                                          BOPF with a closed hood system
                                          at or below 0.03 gr/dscf; and
                                         b. Maintaining emissions of
                                          particulate matter from the
                                          primary control system for a
                                          BOPF with an open hood system
                                          at or below 0.02 gr/dscf for
                                          an existing BOPF shop or 0.01
                                          gr/dscf for a new BOPF shop;
                                          and
                                         c. Maintaining emissions of
                                          particulate matter from a
                                          control device applied solely
                                          to secondary emissions from a
                                          BOPF at or below 0.01 gr/dscf
                                          for an existing BOPF shop or
                                          0.0052 gr/dscf for a new BOPF
                                          shop; and
                                         d. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
10. Each hot metal transfer, skimming,   a. Maintaining emissions of
 and desulfurization operation at a new   particulate matter from a
 or existing BOPF shop.                   control device at or below
                                          0.01 gr/dscf at an existing
                                          BOPF or 0.003 gr/dscf for a
                                          new BOPF; and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
11. Each ladle metallurgy operation at   a. Maintaining emissions of
 a new or existing BOPF shop.             particulate matter from a
                                          control device at or below
                                          0.01 gr/dscf at an existing
                                          BOPF shop or 0.004 gr/dscf for
                                          a new BOPF shop; and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
12. Each existing BOPF shop............  a. Maintaining the opacity of
                                          secondary emissions that exit
                                          any opening in the BOPF shop
                                          or other building housing the
                                          BOPF shop or shop operation at
                                          or below 20 percent (3-minute
                                          average); and
                                         b. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
13. Each new BOPF shop.................  a. Maintaining the opacity (for
                                          any set of 6-minute averages)
                                          of secondary emissions that
                                          exit any opening in the BOPF
                                          shop or other building housing
                                          a bottom-blown BOPF or shop
                                          operation at or below 10
                                          percent, except that one 6-
                                          minute period greater than 10
                                          percent but no more than 20
                                          percent may occur once per
                                          steel production cycle; and
                                         b. Maintaining the opacity (for
                                          any set of 3-minute averages)
                                          of secondary emissions that
                                          exit any opening in the BOPF
                                          shop or other building housing
                                          a top-blown BOPF or shop
                                          operation at or below 10
                                          percent, except that one 3-
                                          minute period greater than 10
                                          percent but less than 20
                                          percent may occur once per
                                          steel production cycle; and
                                         c. Conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821.
14. Each BOPF Group at an existing BOPF  a. Maintaining emissions of
 shop.                                    mercury from the collection of
                                          BOPF Group control devices at
                                          or below 0.00026 lb/ton steel
                                          scrap input to the BOPF; and
                                         b. If demonstrating compliance
                                          through performance testing,
                                          conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821; and
                                         c. If demonstrating compliance
                                          through Sec.   63.7791(c),
                                          (d), or (e), maintaining
                                          records pursuant to Sec.
                                          63.7842(e).
15. Each BOPF Group at a new BOPF shop.  a. Maintaining emissions of
                                          mercury from the collection of
                                          BOPF Group control devices at
                                          or below 0.000081 lb/ton steel
                                          scrap input to the BOPF; and
                                         b. If demonstrating compliance
                                          through performance testing,
                                          conducting subsequent
                                          performance tests at the
                                          frequencies specified in Sec.
                                           63.7821; and
                                         c. If demonstrating compliance
                                          through Sec.   63.7791(c),
                                          (d), or (e), maintaining
                                          records pursuant to Sec.
                                          63.7842(e).
------------------------------------------------------------------------


[85 FR 42126, July 13, 2020]

[[Page 303]]



   Sec. Table 4 to Subpart FFFFF of Part 63--Applicability of General 
                       Provisions to Subpart FFFFF

    As required in Sec.  63.7850, you must comply with the requirements 
of the NESHAP General Provisions (40 CFR part 63, subpart A) shown in 
the following table:

----------------------------------------------------------------------------------------------------------------
              Citation                        Subject          Applies to Subpart FFFFF        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.........................  Applicability..........  Yes.....................
Sec.   63.2.........................  Definitions............  Yes.....................
Sec.   63.3.........................  Units and Abbreviations  Yes.....................
Sec.   63.4.........................  Prohibited Activities..  Yes.....................
Sec.   63.5.........................  Construction/            Yes.....................
                                       Reconstruction.
Sec.   63.6(a), (b), (c), (d),        Compliance with          Yes.....................
 (e)(1)(iii), (f)(2)-(3), (g),         Standards and
 (h)(2)(ii)-(h)(9).                    Maintenance
                                       Requirements.
Sec.   63.6(e)(1)(i)................  General Duty to          No, for new or            See Sec.   63.7810(d)
                                       Minimize Emissions.      reconstructed sources     for general duty
                                                                which commenced           requirement.
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.6(e)(1)(ii)...............  Requirement to Correct   No, for new or
                                       Malfunctions ASAP.       reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes, on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.6(e)(3)...................  SSM Plan Requirements..  No, for new or            See Sec.   63.7810(c)
                                                                reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.6(f)(1)...................  Compliance except        No......................  See Sec.   63.7810(a).
                                       during SSM.
Sec.   63.6(h)(1)...................  Compliance except        No......................  See Sec.   63.7810(a).
                                       during SSM.
Sec.   63.6(h)(2)(i)................  Determining Compliance   No......................  Subpart FFFFF specifies
                                       with Opacity and VE                                methods and procedures
                                       Standards.                                         for determining
                                                                                          compliance with
                                                                                          opacity emission and
                                                                                          operating limits.
Sec.   63.6(i)......................  Extension of Compliance  Yes.....................
                                       with Emission
                                       Standards.
Sec.   63.6(j)......................  Exemption from           Yes.....................
                                       Compliance with
                                       Emission Standards.
Sec.   63.7(a)(1)-(2)...............  Applicability and        No......................  Subpart FFFFF and
                                       Performance Test Dates.                            specifies performance
                                                                                          test applicability and
                                                                                          dates.
Sec.   63.7(a)(3), (b)-(d), (e)(2)-   Performance Testing      Yes.....................
 (4), (f)-(h).                         Requirements.

[[Page 304]]

 
Sec.   63.7(e)(1)...................  Performance Testing....  No, for new or            See Sec.  Sec.
                                                                reconstructed sources     63.7822(a),
                                                                which commenced           63.7823(a), and
                                                                construction or           63.7825(a).
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.8(a)(1)-(3), (b),           Monitoring Requirements  Yes.....................  CMS requirements in
 (c)(1)(ii), (c)(2)-(3), (c)(4)(i)-                                                       Sec.   63.8(c)(4)(i)-
 (ii), (c)(5)-(6), (c)(7)-(8),                                                            (ii), (c)(5)-(6),
 (d)(1)-(2), (e), (f)(1)-(5), (g)(1)-                                                     (d)(1)-(2), and (e)
 (4).                                                                                     apply only to COMS.
Sec.   63.8(a)(4)...................  Additional Monitoring    No......................  Subpart FFFFF does not
                                       Requirements for                                   require flares.
                                       Control Devices in
                                       Sec.   63.11.
Sec.   63.8(c)(1)(i)................  General Duty to          No, for new or
                                       Minimize Emissions and   reconstructed sources
                                       CMS Operation.           which commenced
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.8(c)(1)(iii)..............  Requirement to Develop   No, for new or
                                       SSM Plan for CMS.        reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.8(c)(4)...................  Continuous Monitoring    No......................  Subpart FFFFF specifies
                                       System Requirements.                               requirements for
                                                                                          operation of CMS.
Sec.   63.8(d)(3)...................  Written procedures for   No, for new or            See Sec.
                                       CMS.                     reconstructed sources     63.7842(b)(3).
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.8(f)(6)...................  RATA Alternative.......  No......................
Sec.   63.8(g)(5)...................  Data Reduction.........  No......................  Subpart FFFFF specifies
                                                                                          data reduction
                                                                                          requirements.
Sec.   63.9.........................  Notification             Yes.....................  Additional
                                       Requirements.                                      notifications for CMS
                                                                                          in Sec.   63.9(g)
                                                                                          apply only to COMS.

[[Page 305]]

 
Sec.   63.10(a), (b)(1), (b)(2)(x),   Recordkeeping and        Yes.....................  Additional records for
 (b)(2)(xiv), (b)(3), (c)(1)-(6),      Reporting Requirements.                            CMS in Sec.
 (c)(9)-(14), (d)(1)-(4), (e)(1)-                                                         63.10(c)(1)-(6), (9)-
 (2), (e)(4), (f).                                                                        (14), and reports in
                                                                                          Sec.   63.10(d)(1)-(2)
                                                                                          apply only to COMS.
Sec.   63.10(b)(2)(i)...............  Recordkeeping of         No, for new or
                                       Occurrence and           reconstructed sources
                                       Duration of Startups     which commenced
                                       and Shutdowns.           construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.10(b)(2)(ii)..............  Recordkeeping of         No, for new or            See Sec.
                                       Failures to Meet a       reconstructed sources     63.7842(a)(2)-(4) for
                                       Standard.                which commenced           recordkeeping of (1)
                                                                construction or           date, time, and
                                                                reconstruction after      duration of failure to
                                                                August 16, 2019. For      meet the standard; (2)
                                                                all other affected        listing of affected
                                                                sources, Yes on or        source or equipment,
                                                                before January 11, 2021   and an estimate of the
                                                                and No thereafter.        quantity of each
                                                                                          regulated pollutant
                                                                                          emitted over the
                                                                                          standard; and (3)
                                                                                          actions to minimize
                                                                                          emissions and correct
                                                                                          the failure.
Sec.   63.10(b)(2)(iii).............  Maintenance Records....  Yes.....................
Sec.   63.10(b)(2)(iv)..............  Actions Taken to         No, for new or            See Sec.
                                       Minimize Emissions       reconstructed sources     63.7842(a)(4) for
                                       During SSM.              which commenced           records of actions
                                                                construction or           taken to minimize
                                                                reconstruction after      emissions.
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.10(b)(2)(v)...............  Actions Taken to         No, for new or            See Sec.
                                       Minimize Emissions       reconstructed sources     63.7842(a)(4) for
                                       During SSM.              which commenced           records of actions
                                                                construction or           taken to minimize
                                                                reconstruction after      emissions.
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.10(b)(2)(vi)..............  Recordkeeping for CMS    Yes.....................
                                       Malfunctions.
Sec.   63.10(b)(2)(vii)-(ix)........  Other CMS Requirements.  Yes.....................
Sec.   63.10(b)(2)(xiii)............  CMS Records for RATA     No......................
                                       Alternative.
Sec.   63.10(c)(7)-(8)..............  Records of Excess        No......................  Subpart FFFFF specifies
                                       Emissions and                                      record requirements;
                                       Parameter Monitoring                               see Sec.   63.7842.
                                       Exceedances for CMS.

[[Page 306]]

 
Sec.   63.10(c)(15).................  Use of SSM Plan........  No, for new or
                                                                reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.10(d)(5)(i)...............  Periodic SSM Reports...  No, for new or            See Sec.
                                                                reconstructed sources     63.7841(b)(4) for
                                                                which commenced           malfunction reporting
                                                                construction or           requirements.
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.10(d)(5)(ii)..............  Immediate SSM Reports..  No, for new or
                                                                reconstructed sources
                                                                which commenced
                                                                construction or
                                                                reconstruction after
                                                                August 16, 2019. For
                                                                all other affected
                                                                sources, Yes on or
                                                                before January 11, 2021
                                                                and No thereafter.
Sec.   63.10(e)(3)..................  Excess Emission Reports  No......................  Subpart FFFFF specifies
                                                                                          reporting
                                                                                          requirements; see Sec.
                                                                                            63.7841.
Sec.   63.11........................  Control Device           No......................  Subpart FFFFF does not
                                       Requirements.                                      require flares.
Sec.   63.12........................  State Authority and      Yes.....................
                                       Delegations.
Sec.   63.13-Sec.   63.16...........  Addresses,               Yes.....................  .......................
                                       Incorporations by
                                       Reference,
                                       Availability of
                                       Information and
                                       Confidentiality,
                                       Performance Track
                                       Provisions.
----------------------------------------------------------------------------------------------------------------


[85 FR 42128, July 13, 2020]



Subpart GGGGG_National Emission Standards for Hazardous Air Pollutants: 
                            Site Remediation

    Source: 68 FR 58190, Oct. 8, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.7880  What is the purpose of this subpart?

    This subpart establishes national emissions limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from site 
remediation activities. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with

[[Page 307]]

the emissions limitations and work practice standards.



Sec.  63.7881  Am I subject to this subpart?

    (a) This subpart applies to you if you own or operate a facility at 
which you conduct a site remediation, as defined in Sec.  63.7957; and 
this site remediation, unless exempted under paragraph (b) or (c) of 
this section, meets all three of the following conditions specified in 
paragraphs (a)(1) through (3) of this section.
    (1) Your site remediation cleans up a remediation material, as 
defined in Sec.  63.7957.
    (2) Your site remediation is co-located at your facility with one or 
more other stationary sources that emit HAP and meet an affected source 
definition specified for a source category that is regulated by another 
subpart under 40 CFR part 63. This condition applies regardless whether 
or not the affected stationary source(s) at your facility is subject to 
the standards under the applicable subpart(s).
    (3) Your facility is a major source of HAP as defined in Sec.  63.2, 
except as specified in paragraph (a)(3)(i) or (ii) of this section. A 
major source emits or has the potential to emit any single HAP at the 
rate of 10 tons (9.07 megagrams) or more per year or any combination of 
HAP at a rate of 25 tons (22.68 megagrams) or more per year.
    (i) For production field facilities, as defined in Sec.  63.761, 
only the HAP emissions from the glycol dehydration units and storage 
vessels with the potential for flash emissions (both as defined in Sec.  
63.761) shall be aggregated with the HAP emissions from the site 
remediation activities at the facility for a major source determination.
    (ii) For natural gas transmission and storage facilities, HAP 
emissions shall be aggregated in accordance with the definition of major 
source in Sec.  63.1271 for a major source determination.
    (b) You are not subject to this subpart if your site remediation 
qualifies for any of one of the exemptions listed in paragraphs (b)(1) 
through (6) of this section.
    (1) Your site remediation is not subject to this subpart if the site 
remediation only cleans up material that does not contain any of the HAP 
listed in Table 1 of this subpart.
    (2) Your site remediation is not subject to this subpart if the site 
remediation will be performed under the authority of the Comprehensive 
Environmental Response and Compensation Liability Act (CERCLA) as a 
remedial action or a non time-critical removal action.
    (3) Your site remediation is not subject to this subpart if the site 
remediation will be performed under a Resource Conservation and Recovery 
Act (RCRA) corrective action conducted at a treatment, storage and 
disposal facility (TSDF) that is either required by your permit issued 
by either the U.S. Environmental Protection Agency (EPA) or a State 
program authorized by the EPA under RCRA section 3006; required by 
orders authorized under RCRA; or required by orders authorized under 
RCRA section 7003.
    (4) Your site remediation is not subject to this subpart if the site 
remediation is conducted at a gasoline service station to clean up 
remediation material from a leaking underground storage tank.
    (5) Your site remediation is not subject to this subpart if the site 
remediation is conducted at a farm or residential site.
    (6) Your site remediation is not subject to this subpart if the site 
remediation is conducted at a research and development facility that 
meets the requirements under Clean Air Act (CAA) section 112(c)(7).
    (c) Your site remediation activities are not subject to the 
requirements of this subpart, except for the recordkeeping requirements 
in this paragraph, provided that you meet the requirements specified in 
paragraphs (c)(1) through (c)(3) of this section.
    (1) You determine that the total quantity of the HAP listed in Table 
1 to this subpart that is contained in the remediation material 
excavated, extracted, pumped, or otherwise removed during all of the 
site remediations conducted at your facility is less than 1 megagram 
(Mg) annually. This exemption applies the 1 Mg limit on a facility-wide, 
annual basis, and there is no

[[Page 308]]

restriction to the number of site remediations that can be conducted 
during this period.
    (2) You must prepare and maintain at your facility written 
documentation to support your determination that the total HAP quantity 
in your remediation materials for the year is less than 1 Mg. The 
documentation must include a description of your methodology and data 
used for determining the total HAP content of the remediation material.
    (3) Your Title V permit does not have to be reopened or revised 
solely to include the recordkeeping requirement specified in paragraph 
(c)(2) of this section. However, the requirement must be included in 
your permit the next time the permit is renewed, reopened, or revised 
for another reason.
    (d) Your site remediation is not subject to the requirements of this 
subpart if all remediation activities at your facility subject to this 
subpart are completed and you have notified the Administrator in writing 
that all remediation activities subject to this subpart are completed. 
You must maintain records of compliance, in accordance with Sec.  
63.7953, for each remediation activity that was subject to this subpart. 
All future remediation activity meeting the applicability criteria in 
this section must comply with the requirements of this subpart.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69016, Nov. 29, 2006]



Sec.  63.7882  What site remediation sources at my facility does this
subpart affect?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source for your Site Remediation as designated by paragraphs 
(a)(1) through (4) of this section.
    (1) Process vents. The affected source is the entire group of 
process vents associated with the in-situ and ex-situ remediation 
processes used at your site to remove, destroy, degrade, transform, or 
immobilize hazardous substances in the remediation material subject to 
remediation. Examples of such in-situ remediation processes include, but 
are not limited to, soil vapor extraction and bioremediation processes. 
Examples of such ex-situ remediation processes include but are not 
limited to, thermal desorption, bioremediation, and air stripping 
processes.
    (2) Remediation material management units. Remediation material 
management unit means a tank, surface impoundment, container, oil-water 
separator, organic-water separator, or transfer system, as defined in 
Sec.  63.7957, and is used at your site to manage remediation material. 
The affected source is the entire group of remediation material 
management units used for the site remediations at your site. For the 
purpose of this subpart, a tank or container that is also equipped with 
a vent that serves as a process vent, as defined in Sec.  63.7957, is 
not a remediation material management unit, but instead this unit is 
considered to be a process vent affected source under paragraph (a)(1) 
of this section.
    (3) Equipment leaks. The affected source is the entire group of 
equipment components (pumps, valves, etc.) used to manage remediation 
materials and meeting both of the conditions specified in paragraphs 
(a)(3)(i) and (ii) of this section. If either of these conditions do not 
apply to an equipment component, then that component is not part of the 
affected source for equipment leaks.
    (i) The equipment component contains or contacts remediation 
material having a concentration of total HAP listed in Table 1 of this 
subpart equal to or greater than 10 percent by weight.
    (ii) The equipment component is intended to operate for 300 hours or 
more during a calendar year in remediation material service, as defined 
in Sec.  63.7957.
    (4) Pressure relief devices. The affected source is any pressure 
relief device in remediation material service, as defined in Sec.  
63.7957. Pressure relief devices meeting the specifications of paragraph 
(a)(3) of this section are also part of an equipment leaks affected 
source.
    (b) Each affected source for your site is existing if you commenced 
construction or reconstruction of the affected source before July 30, 
2002.
    (c) Each affected source for your site is new if you commenced 
construction or reconstruction of the affected source on or after July 
30, 2002. An affected

[[Page 309]]

source is reconstructed if it meets the definition of reconstruction in 
Sec.  63.2.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41702, July 10, 2020]



Sec.  63.7883  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply with 
each emission limitation, work practice standard, and operation and 
maintenance requirement in this subpart that applies to you no later 
than October 9, 2006, except as provided in paragraph (f) of this 
section.
    (b) If you have a new affected source that manages remediation 
material other than a radioactive mixed waste as defined in Sec.  
63.7957, then you must meet the compliance date specified in paragraph 
(b)(1) or (2) of this section, as applicable to your affected source, 
except as provided in paragraph (f) of this section.
    (1) If the affected source's initial startup date is on or before 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you by October 8, 2003.
    (2) If the affected source's initial startup date is after October 
8, 2003, you must comply with each emission limitation, work practice 
standard, and operation and maintenance requirement in this subpart that 
applies to you upon initial startup.
    (c) If you have a new affected source that manages remediation 
material that is a radioactive mixed waste as defined in Sec.  63.7957, 
then you must meet the compliance date specified in paragraph (c)(1) or 
(2) of this section, as applicable to your affected source, except as 
provided in paragraph (f) of this section.
    (1) If the affected source's initial startup date is on or before 
October 8, 2003, you must comply with each emission limitation, work 
practice standard, and operation and maintenance requirement in this 
subpart that applies to you no later than October 9, 2006.
    (2) If the affected source's initial startup date is after October 
8, 2003, you must comply with each emission limitation, work practice 
standard, and operation and maintenance requirement in this subpart that 
applies to you upon initial startup.
    (d) If your facility is an area source that increases its emissions 
or its potential to emit such that it becomes a major source of HAP as 
defined in Sec.  63.2, then you must meet the compliance dates specified 
in paragraphs (d)(1) and (2) of this section, except as provided in 
paragraph (f) of this section.
    (1) For each source at your facility that is a new affected source 
subject to this subpart, you must comply with each emission limitation, 
work practice standard, and operation and maintenance requirement in 
this subpart that applies to you upon initial startup.
    (2) For all other affected sources subject to this subpart, you must 
comply with each emission limitation, work practice standard, and 
operation and maintenance requirement in this subpart that applies to 
you no later than 3 years after your facility becomes a major source.
    (e) You must meet the notification requirements, according to the 
schedule applicable to your facility, as specified in Sec.  63.7950 and 
in 40 CFR part 63, subpart A. Some of the notifications must be 
submitted before you are required to comply with the emissions 
limitations and work practice standards in this subpart.
    (f) If the affected source's initial startup date is on or before 
September 3, 2019, you must comply with the requirements specified in 
paragraphs (f)(1) through (5) of this section by the dates specified in 
those paragraphs. If the affected source's initial startup date is after 
September 3, 2019, you must comply with all of the applicable 
requirements of this subpart upon initial startup or July 10, 2020, 
whichever is later.
    (1) You must comply with the equipment leak requirements of Sec.  
63.7920(b)(3), (d), and (e) on or before July 10, 2021.
    (2) You must comply with the pressure relief device requirements of 
Sec.  63.7923(a) on or before January 6, 2021.
    (3) You must comply with the pressure relief device requirements of 
Sec.  63.7923(b) through (f) on or before January 10, 2022.

[[Page 310]]

    (4) You must comply with the pressure tank closure device reporting 
and recordkeeping requirements of Sec. Sec.  63.7951(b)(11) and 
63.7952(a)(7) on or before January 6, 2021.
    (5) You must comply with the electronic reporting requirements of 
Sec.  63.7951(e) through (h) on or before January 6, 2021.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41703, July 10, 2020]

                            General Standards



Sec.  63.7884  What are the general standards I must meet for each site
remediation with affected sources?

    (a) For each site remediation with an affected source designated 
under Sec.  63.7882, you must meet the standards specified in Sec. Sec.  
63.7885 through 63.7955, as applicable to your affected source, unless 
your site remediation meets the requirements for an exemption under 
paragraph (b) of this section.
    (b) A site remediation that is completed within 30 consecutive 
calendar days according to the conditions in paragraphs (b)(1) through 
(3) of this section is not subject to the standards under paragraph (a) 
of this section. This exemption cannot be used for a site remediation 
involving the staged or intermittent cleanup of remediation material 
whereby the remediation activities at the site are started, stopped, and 
then re-started in a series of intervals, with durations less than 30-
days per interval, when the time period from the beginning of the first 
interval to the end of the last interval exceeds 30 days.
    (1) The 30 consecutive calendar day period for a site remediation 
that qualifies for this exemption is determined according to actions 
taken by you as defined in paragraphs (b)(1)(i) through (iii) of this 
section.
    (i) The first day of the 30-day period is defined as the day on 
which you initiate any action that removes, destroys, degrades, 
transforms, immobilizes, or otherwise manages the remediation materials. 
The following activities, when completed before beginning this initial 
action, are not counted as part of the 30-day period: Activities to 
characterize the type and extent of the contamination by collecting and 
analyzing samples; activities to obtain permits from Federal, State, or 
local authorities to conduct the site remediation; activities to 
schedule workers and necessary equipment; and activities to arrange for 
contractor or third party assistance in performing the site remediation.
    (ii) The last day of the 30-day period is defined as the day on 
which treatment or disposal of all of the remediation materials 
generated by the cleanup is completed such that the organic constituents 
in these materials no longer have a reasonable potential for 
volatilizing and being released to the atmosphere.
    (iii) If treatment or disposal of the remediation materials is 
conducted at an off-site facility where the final treatment or disposal 
of the material cannot, or may not, be completed within the 30-day 
exemption period, then the shipment of all of the remediation material 
generated from your cleanup that is transferred to another party, or 
shipped to another facility, within the 30-day period, must be performed 
according to the applicable requirements specified in Sec.  63.7936.
    (2) For the purpose of complying with paragraph (b)(1) of this 
section, if you ship or otherwise transfer the remediation material off-
site you must include in the applicable shipping documentation, in 
addition to any notifications and certifications required under Sec.  
63.7936, a statement that the shipped material was generated by a site 
remediation activity subject to the conditions of this exemption. The 
statement must include the date on which you initiated the site 
remediation activity generating the shipped remediation materials, as 
specified in paragraph (b)(1)(i) of this section, and the date 30 
calendar days following your initiation date.
    (3) You must prepare and maintain at your facility written 
documentation describing the exempted site remediation, and listing the 
initiation and completion dates for the site remediation.

[71 FR 69016, Nov. 29, 2006]

[[Page 311]]



Sec.  63.7885  What are the general standards I must meet for my affected
process vents?

    (a) For the process vents that comprise the affected source 
designated under Sec.  63.7882, you must select and meet the 
requirements under one of the options specified in paragraph (b) of this 
section.
    (b) For each affected process vent, except as exempted under 
paragraph (c) of this section, you must meet one of the options in 
paragraphs (b)(1) through (3) of this section.
    (1) You control HAP emissions from the affected process vents 
according to the standards specified in Sec. Sec.  63.7890 through 
63.7893.
    (2) You determine for the remediation material treated or managed by 
the process vented through the affected process vents that the average 
total volatile organic hazardous air pollutant (VOHAP) concentration, as 
defined in Sec.  63.7957, of this material is less than 10 parts per 
million by weight (ppmw). Determination of the VOHAP concentration is 
made using the procedures specified in Sec.  63.7943.
    (3) If the process vent is also subject to another subpart under 40 
CFR part 61 or 40 CFR part 63, you control emissions of the HAP listed 
in Table 1 of this subpart from the affected process vent in compliance 
with the standards specified in the applicable subpart. This means you 
are complying with all applicable emissions limitations and work 
practice standards under the other subpart (e.g., you install and 
operate the required air pollution controls or have implemented the 
required work practice to reduce HAP emissions to levels specified by 
the applicable subpart). This provision does not apply to any exemption 
of the affected source from the emissions limitations and work practice 
standards allowed by the other applicable subpart.
    (c) A process vent that meets the exemption requirements in 
paragraphs (c)(1) and (2) of this section is exempted from the 
requirements in paragraph (b) of this section.
    (1) The process vent stream exiting the process vent meets the 
conditions in either paragraph (c)(1)(i) or (ii) of this section.
    (i) The process vent stream flow rate is less than 0.005 cubic 
meters per minute (m\3\/min) at standard conditions (as defined in 40 
CFR 63.2); or
    (ii) The process vent stream flow rate is less than 6.0 m\3\/min at 
standard conditions (as defined in 40 CFR 63.2) and the total 
concentration of HAP listed in Table 1 of this subpart is less than 20 
parts per million by volume (ppmv).
    (2) You must demonstrate that the process vent stream meets the 
applicable exemption conditions in paragraph (c)(1) of this section 
using the procedures specified in Sec.  63.694(m). You must prepare and 
maintain documentation at your facility to support your determination of 
the process vent stream flow rate. This documentation must include 
identification of each process vent exempted under this paragraph and 
the test results used to determine the process vent stream flow rate and 
total HAP concentration, as applicable to the exemption conditions for 
your process vent. You must perform a new determination of the process 
vent stream flow rate and total HAP concentration, as applicable to the 
exemption conditions for your process vent, whenever changes to 
operation of the unit on which the process vent is used could cause the 
process vent stream conditions to exceed the maximum limits of the 
exemption.



Sec.  63.7886  What are the general standards I must meet for my affected
remediation material management units?

    (a) For each remediation material management unit that is part of an 
affected source designated by Sec.  63.7882, you must select and meet 
the requirements under one of the options specified in paragraph (b) of 
this section except for those remediation material management units 
exempted under paragraph (c) or (d) of this section.
    (b) For each affected remediation material management unit, you must 
meet one of the options in paragraphs (b)(1) through (4) of this 
section.
    (1) You control HAP emissions from the affected remediation material 
management unit according to the standards specified in paragraphs 
(b)(1)(i) through (v) of this section, as applicable to the unit.

[[Page 312]]

    (i) If the remediation material management unit is a tank, then you 
control HAP emissions according to the standards specified in Sec. Sec.  
63.7895 through 63.7898.
    (ii) If the remediation material management unit is a container, 
then you control HAP emissions according to the standards specified in 
Sec. Sec.  63.7900 through 63.7903.
    (iii) If the remediation material management unit is a surface 
impoundment, then you control HAP emissions according to the standards 
specified in Sec. Sec.  63.7905 through 63.7908.
    (iv) If the remediation material management unit is an oil-water or 
organic-water separator, then you control HAP emissions according to the 
standards specified in Sec. Sec.  63.7910 through 63.7913.
    (v) If the remediation material management unit is a transfer 
system, then you control HAP emissions according to the standards 
specified in Sec. Sec.  63.7915 through 63.7918.
    (2) You determine that the average total VOHAP concentration, as 
defined in Sec.  63.7957, of the remediation material managed in the 
remediation material management unit material is less than 500 ppmw. You 
must follow the requirements in Sec.  63.7943 to demonstrate that the 
VOHAP concentration of the remediation material is less than 500 ppmw. 
Once the VOHAP concentration for a remediation material has been 
determined to be less than 500 ppmw, all remediation material management 
units downstream from the point of determination managing this material 
meet the requirements of this paragraph unless a remediation process is 
used that concentrates all, or part of, the remediation material being 
managed in the unit such that the VOHAP concentration of the material 
could increase. Any free product returned to the manufacturing process 
(e.g., recovered oil returned to a storage tank at a refinery) is no 
longer subject to this subpart.
    (3) If the remediation material management unit is also subject to 
another subpart under 40 CFR part 61 or 40 CFR part 63, you control 
emissions of the HAP listed in Table 1 of this subpart from the affected 
remediation material management unit in compliance with the standards 
specified in the applicable subpart. This means you are complying with 
all applicable emissions limitations and work practice standards under 
the other subpart (e.g., you install and operate the required air 
pollution controls or have implemented the required work practice to 
reduce HAP emissions to levels specified by the applicable subpart). 
This provision does not apply to any exemption of the affected source 
from the emissions limitations and work practice standards allowed by 
the other applicable subpart.
    (4) If the remediation material management unit is an open tank or 
surface impoundment used for a biological treatment process, you meet 
the requirements as specified in paragraphs (b)(4)(i) and (ii) of this 
section.
    (i) You demonstrate that the biological treatment process conducted 
in the open tank or surface impoundment meets the performance levels 
specified in either Sec.  63.684(b)(4)(i) or (ii).
    (ii) You monitor the biological treatment process conducted in the 
open tank or surface impoundment according to the requirements in Sec.  
63.684(e)(4).
    (c) A remediation material management unit is exempted from the 
requirements in paragraph (b) of this section if this unit is used for 
cleanup of radioactive mixed waste, as defined in Sec.  63.7957, that is 
subject to applicable regulations, directives, and other requirements 
under the Atomic Energy Act, the Nuclear Waste Policy Act, or the Waste 
Isolation Pilot Plant Land Withdrawal Act.
    (d) One or a combination of remediation material management units 
may be exempted at your discretion from the requirements in paragraph 
(b) of this section provided that the total annual quantity of HAP 
listed in Table 1 of this subpart contained in the remediation material 
placed in all of the remediation material management units exempted 
under this paragraph is less than 1 Mg/yr. For each remediation material 
management unit you select to be exempted under this provision, you must 
meet the requirements in paragraphs (d)(1) and (2) of this section.
    (1) You must designate each of the remediation material management 
units you are selecting to be exempted

[[Page 313]]

under this paragraph by either submitting to the Administrator a written 
notification identifying the exempt units or permanently marking the 
exempt units at the faculty site. If you choose to prepare and submit a 
written notification, this notification must include a site plan, 
process diagram, or other appropriate documentation identifying each of 
the exempt units. If you choose to permanently mark the exempt units, 
each exempt unit must be marked in such a manner that it can be readily 
identified as an exempt unit from the other remediation material 
management units located at the site.
    (2) You must prepare an initial determination of the total annual 
HAP quantity in the remediation material placed in the units exempted 
under this paragraph. This determination is based on the total quantity 
of the HAP listed in Table 1 of this subpart as determined at the point 
where the remediation material is placed in each exempted unit. You must 
perform a new determination whenever the extent of changes to the 
quantity or composition of the remediation material placed in the 
exempted units could cause the total annual HAP content in the 
remediation material to exceed 1 Mg/yr. You must maintain documentation 
to support the most recent determination of the total annual HAP 
quantity. This documentation must include the basis and data used for 
determining the organic HAP content of the remediation material.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]



Sec.  63.7887  What are the general standards I must meet for my affected
equipment leak sources?

    (a) You must control HAP emissions from equipment leaks from each 
equipment component that is part of the affected source by implementing 
leak detection and control measures according to the standards specified 
in Sec. Sec.  63.7920 through 63.7922 unless you elect to meet the 
requirements in paragraph (b) of this section.
    (b) If the affected equipment leak source is also subject to another 
subpart in 40 CFR part 61 or 40 CFR part 63, you may control emissions 
of the HAP listed in Table 1 to this subpart from the affected equipment 
leak source in compliance with the standards specified in the other 
applicable subpart. This means you are complying with all applicable 
emissions limitations and work practice standards under the other 
subpart (e.g., you implement leak detection and control measures to 
reduce HAP emissions as specified by the applicable subpart). This 
provision does not apply to any exemption of the affected source from 
the emissions limitations and work practice standards allowed by the 
other applicable subpart.

[71 FR 69017, Nov. 29, 2006]



Sec.  63.7888  How do I implement this rule at my facility using the
cross-referenced requirements in other subparts?

    (a) For the purposes of this subpart, when you read the term ``HAP 
listed in Table 1 of this subpart'' in a cross-referenced section under 
40 CFR part 63, subpart DD--National Emission Standards for Hazardous 
Air Pollutants from Off-Site Waste and Recovery Operations, you should 
refer to Table 1 of this subpart.
    (b) For the purposes of this subpart, when you read the term off-
site material in a cross-referenced section under 40 CFR part 63, 
subpart DD--National Emission Standards for Hazardous Air Pollutants 
from Off-Site Waste and Recovery Operations you should substitute the 
term remediation material, as defined in Sec.  63.7957.
    (c) For the purposes of this subpart, when you read the term 
regulated material in a cross-referenced section under 40 CFR part 63, 
subparts OO, PP, QQ, RR, TT, UU, WW, and VV you should substitute the 
term remediation material, as defined in Sec.  63.7957.

                              Process Vents



Sec.  63.7890  What emissions limitations and work practice standards
must I meet for process vents?

    (a) You must control HAP emissions from each new and existing 
process vent subject to Sec.  63.7885(b)(1) according to emissions 
limitations and work practice standards in this section that apply to 
your affected process vents.

[[Page 314]]

    (b) For your affected process vents, you must meet one of the 
facility-wide emission limit options specified in paragraphs (b)(1) 
through (4) of this section. If you have multiple affected process vent 
streams, you may comply with this paragraph using a combination of 
controlled and uncontrolled process vent streams that achieve the 
facility-wide emission limit that applies to you.
    (1) Reduce from all affected process vents the total emissions of 
the HAP listed in Table 1 of this subpart to a level less than 1.4 
kilograms per hour (kg/hr) and 2.8 Mg/yr (3.0 pounds per hour (lb/hr) 
and 3.1 tpy); or
    (2) Reduce from all affected process vents the emissions of total 
organic compounds (TOC) (minus methane and ethane) to a level below 1.4 
kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 tpy); or
    (3) Reduce from all affected process vents the total emissions of 
the HAP listed in Table 1 of this subpart by 95 percent by weight or 
more; or
    (4) Reduce from all affected process vents the emissions of TOC 
(minus methane and ethane) by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to comply 
with paragraph (b) of this section, you must meet the operating limit 
requirements and work practice standards in Sec.  63.7925(c) through (j) 
that apply to your closed vent system and control device.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]



Sec.  63.7891  How do I demonstrate initial compliance with the emissions
limitations and work practice standards for process vents?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7890(b) applicable 
to your affected process vents by meeting the requirements in paragraphs 
(b) through (d) of this section.
    (b) You have measured or determined using the procedures for 
performance tests and design evaluations in Sec.  63.7941 that emission 
levels from all of your affected process vents meet the facility-wide 
emission limits in Sec.  63.7890(b) that apply to you, as follows in 
paragraphs (b)(1) through (4) of this section.
    (1) If you elect to meet Sec.  63.7890(b)(1), you demonstrate that 
the total emissions of the HAP listed in Table 1 of this subpart from 
all affected process vents at your facility are less than 1.4 kg/hr and 
2.8 Mg/yr (3.0 lb/hr and 3.1 tpy).
    (2) If you elect to meet Sec.  63.7890(b)(2), you demonstrate that 
emissions of TOC (minus methane and ethane) from all affected process 
vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr 
and 3.1 tpy).
    (3) If you elect to meet Sec.  63.7890(b)(3), you demonstrate that 
the total emissions of the HAP listed in Table 1 of this subpart from 
all affected process vents are reduced by 95 percent by weight or more.
    (4) If you elect to meet Sec.  63.7890(b)(4), you demonstrate that 
the emissions of TOC (minus methane and ethane) from all affected 
process vents are reduced by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to comply 
with Sec.  63.7890(b), you have met each requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.
    (d) You have submitted a notification of compliance status according 
to the requirements in Sec.  63.7950.



Sec.  63.7892  What are my inspection and monitoring requirements for
process vents?

    For each closed vent system and control device you use to comply 
with Sec.  63.7890(b), you must monitor and inspect the closed vent 
system and control device according to the requirements in Sec.  63.7927 
that apply to you.



Sec.  63.7893  How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for process vents?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7890 applicable to 
your affected process vents by meeting the requirements in paragraphs 
(b) through (d) of this section.

[[Page 315]]

    (b) You must maintain emission levels from all of your affected 
process vents to meet the facilitywide emission limits in Sec.  
63.7890(b) that apply to you, as specified in paragraphs (b)(1) through 
(4) of this section.
    (1) If you elect to meet Sec.  63.7890(b)(1), you maintain the total 
emissions of the HAP listed in Table 1 of this subpart from all affected 
process vents at your facility are less than 1.4 kg/hr and 2.8 Mg/yr 
(3.0 lb/hr and 3.1 tpy).
    (2) If you elect to meet Sec.  63.7890(b)(2), you maintain emissions 
of TOC (minus methane and ethane) from all affected process vents at 
your facility are less than 1.4 kg/hr and 2.8 Mg/yr (3.0 lb/hr and 3.1 
tpy).
    (3) If you elect to meet Sec.  63.7890(b)(3), you maintain the total 
emissions of the HAP listed in Table 1 of this subpart from all affected 
process vents are reduced by 95 percent by weight or more.
    (4) If you elect to meet Sec.  63.7890(b)(4), you maintain that the 
emissions of TOC (minus methane and ethane) from all affected process 
vents are reduced by 95 percent by weight or more.
    (c) For each closed vent system and control device you use to comply 
with Sec.  63.7890(b), you have met each requirement for demonstrating 
continuous compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7928.
    (d) Keeping records to document continuous compliance with the 
requirements of this subpart according to the requirements in Sec.  
63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006]

                                  Tanks



Sec.  63.7895  What emissions limitations and work practice standards must
I meet for tanks?

    (a) You must control HAP emissions from each new and existing tank 
subject to Sec.  63.7886(b)(1)(i) according to emissions limitations and 
work practice standards in this section that apply to your affected 
tanks.
    (b) For each affected tank, you must install and operate air 
pollution controls that meet the requirements in paragraphs (b)(1) 
through (4) of this section that apply to your tank.
    (1) Unless your tank is used for a waste stabilization process, as 
defined in Sec.  63.7957, you must determine the maximum HAP vapor 
pressure (expressed in kilopascals (kPa)) of the remediation material 
placed in your tank using the procedures specified in Sec.  63.7944.
    (2) If the maximum HAP vapor pressure of the remediation material 
you place in your tank is less than 76.6 kPa, then you must determine 
which tank level controls (i.e., Tank Level 1 or Tank Level 2) apply to 
your tank as shown in Table 2 of this subpart, and based on your tank's 
design capacity (expressed in cubic meters (m\3\)) and the maximum HAP 
vapor pressure of the remediation material you place in this tank. If 
your tank is required by Table 2 of this subpart to use Tank Level 1 
controls, then you must meet the requirements in paragraph (c) of this 
section. If your tank is required by Table 2 of this subpart to use Tank 
Level 2 controls, then you must meet the requirements in paragraph (d) 
of this section
    (3) If maximum HAP vapor pressure of the remediation material you 
place in your tank is 76.6 kPa or greater, then the tank must use one of 
the Tank Level 2 controls specified in paragraphs (d)(3) through (5) of 
this section. Use of floating roofs under paragraph (d)(1) or (2) of 
this section is not allowed for tanks managing these remediation 
materials.
    (4) A tank used for a waste stabilization process, as defined in 
Sec.  63.7957, must use one of Tank Level 2 controls, as specified in 
paragraph (d) of this section, that is appropriate for your waste 
stabilization process.
    (c) If you use Tank Level 1 controls, you must install and operate a 
fixed roof according to the requirements in Sec.  63.902, with the 
exceptions specified in paragraphs (c)(1) and (2) of this section. As an 
alternative to using this fixed roof, you may choose to use one of Tank 
Level 2 controls in paragraph (d) of this section.
    (1) Where Sec.  63.902(c)(2) provides an exception for a spring-
loaded pressure-vacuum relief valve, conservation vent, or similar type 
of pressure relief device

[[Page 316]]

which vents to the atmosphere, for any source for the purposes of this 
subpart, only a conservation vent is eligible for the exception after 
January 6, 2021. If your initial startup date is after September 3, 
2019, the exception for a spring-loaded pressure-vacuum relief valve, 
conservation vent, or similar type of pressure relief device does not 
apply, with the exception of a conservation vent, for the purposes of 
this subpart after July 10, 2020.
    (2) The provisions of Sec.  63.902(c)(3) do not apply for the 
purposes of this subpart if your initial startup date is after September 
3, 2019; for any source the provisions of Sec.  63.902(c)(3) do not 
apply for the purposes of this subpart after January 6, 2021.
    (d) If you use Tank Level 2 controls, you must meet the requirements 
of one of the options in paragraphs (d)(1) through (5) of this section.
    (1) Install and operate a fixed roof with an internal floating roof 
according to the requirements in Sec.  63.1063(a)(1)(i), (a)(2), and 
(b); or
    (2) Install and operate an external floating roof according to the 
requirements in Sec.  63.1063(a)(1)(ii), (a)(2), and (b); or
    (3) Install and operate a fixed roof vented through a closed vent 
system to a control device according to the requirements in Sec.  
63.685(g). You must meet the emissions limitations and work practice 
standards in Sec.  63.7925 that apply to your closed vent system and 
control device; or
    (4) Install and operate a pressure tank according to the 
requirements in Sec.  63.685(h); or
    (5) Locate the tank inside a permanent total enclosure and vent 
emissions from the enclosure through a closed vent system to a control 
device that is an enclosed combustion device according to the 
requirements in Sec.  63.685(i). You must meet the emissions limitations 
and work practice standards in Sec.  63.7925 that apply to your closed 
vent system and control device.
    (e) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your tanks. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41703, July 10, 2020]



Sec.  63.7896  How do I demonstrate initial compliance with the emissions
limitations and work practice standards for tanks?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7895 that apply to 
your affected tanks by meeting the requirements in paragraphs (b) 
through (h) of this section, as applicable to your containers.
    (b) You have submitted as part of your notification of compliance 
status, specified in Sec.  63.7950, a signed statement that you have met 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) You have determined the applicable tank control levels specified 
in Sec.  63.7895(b) for the tanks to be used for your site remediation.
    (2) You have determined, according to the procedures in Sec.  
63.7944, and recorded the maximum HAP vapor pressure of the remediation 
material placed in each affected tank subject to Sec.  63.7886(b)(1)(i) 
that does not use Tank Level 2 controls.
    (c) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 1 controls if 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) Each tank using Tank Level 1 controls is equipped with a fixed 
roof and closure devices according to the requirements in Sec.  
63.902(b) and (c), with the exceptions specified in Sec.  63.7895(c)(1) 
and (2), and you have records documenting the design.
    (2) You have performed an initial visual inspection of the fixed 
roof and closure devices for defects according to the requirements in 
Sec.  63.906(a) and you have records documenting the inspection results.
    (3) You will operate the fixed roof and closure devices according to 
the requirements in Sec.  63.902, with the exceptions specified in Sec.  
63.7895(c)(1) and (2).

[[Page 317]]

    (d) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
using a fixed roof with an internal floating roof according to Sec.  
63.7895(d)(1) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) through (3) of this 
section.
    (1) Each tank is equipped with an internal floating roof that meets 
the requirements in Sec.  63.1063(a) and you have records documenting 
the design.
    (2) You will operate the internal floating roof according to the 
requirements in Sec.  63.1063(b).
    (3) You have performed an initial visual inspection according to the 
requirements in Sec.  63.1063(d)(1) and you have a record of the 
inspection results.
    (e) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
using an external floating roof according to Sec.  63.7895(d)(2) if you 
have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (e)(1) through (3) of this section.
    (1) Each tank is equipped with an external floating roof that meets 
the requirements in Sec.  63.1063(a) and you have records documenting 
the design.
    (2) You will operate the external floating roof according to the 
requirements in Sec.  63.1063(b).
    (3) You have performed an initial seal gap measurement inspection 
according to the requirements in Sec.  63.1063(d)(3) and you have 
records of the measurement results.
    (f) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
using a fixed roof vented to a control device according to Sec.  
63.7895(d)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (f)(1) through (4) of this 
section.
    (1) Each tank is equipped with a fixed roof and closure devices 
according to the requirements in Sec.  63.685(g), with the exceptions 
specified in Sec.  63.7895(c)(1) and (2), and you have records 
documenting the design.
    (2) You have performed an initial visual inspection of fixed roof 
and closure devices for defects according to the requirements in Sec.  
63.695(b)(3) and you have records documenting the inspection results.
    (3) You will operate the fixed roof and closure devices according to 
the requirements in Sec.  63.685(g).
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.
    (g) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
operates as a pressure tank according to Sec.  63.7895(d)(4) if you have 
submitted as part of your notification of compliance status, specified 
in Sec.  63.7950, a signed statement that you have met the requirements 
in paragraphs (g)(1) and (2) of this section.
    (1) Each tank is designed to operate as a pressure tank according to 
the requirements in Sec.  63.685(h), and you have records documenting 
the design.
    (2) You will operate the pressure tank and according to the 
requirements in Sec.  63.685(h).
    (h) You must demonstrate initial compliance of each tank determined 
under paragraph (b) of this section to require Tank Level 2 controls and 
using a permanent total enclosure vented to an enclosed combustion 
device according to Sec.  63.7895(d)(5) if you have submitted as part of 
your notification of compliance status, specified in Sec.  63.7950, a 
signed statement that you have met the requirements in paragraphs (h)(1) 
and (2) of this section.
    (1) You have submitted as part of your notification of compliance 
status a signed statement that you have performed the verification 
procedure according to the requirements in Sec.  63.685(i), and you have 
records of the supporting calculations and measurements.
    (2) You have met each applicable requirement for demonstrating 
initial

[[Page 318]]

compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec.  63.7926.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006; 85 
FR 41703, July 10, 2020]



Sec.  63.7897  What are my inspection and monitoring requirements for tanks?

    (a) You must visually inspect each of your tanks using Tank Level 1 
controls for defects at least annually according to the requirements in 
Sec.  63.906(a).
    (b) You must inspect and monitor each of your tanks using Tank Level 
2 controls according to the requirements in paragraphs (b)(1) through 
(5), as applicable to your tanks.
    (1) If you use a fixed roof with an internal floating roof according 
to Sec.  63.7895(d)(1), you must visually inspect the fixed roof and 
internal floating roof according to the requirements in Sec.  
63.1063(d)(1) and (2).
    (2) If you use an external floating roof according to Sec.  
63.7895(d)(2), you must visually inspect the external floating roof 
according to the requirements in Sec.  63.1063(d)(1) and inspect the 
seals according to the requirements in Sec.  63.1063(d)(2) and (3).
    (3) If you use a fixed roof vented to a control device according to 
Sec.  63.7895(d)(3), you must meet requirements in paragraphs (b)(3)(i) 
and (ii) of this section.
    (i) You must visually inspect the fixed roof and closure devices for 
defects according to the requirements in Sec.  63.695(b)(3).
    (ii) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to you.
    (4) If you use a pressure tank according to Sec.  63.7895(d)(4), you 
must visually inspect the tank and its closure devices for defects at 
least annually to ensure they are operating according to the design 
requirements in Sec.  63.685(h).
    (5) If you use a permanent total enclosure vented to an enclosed 
combustion device according to Sec.  63.7895(d)(5), you must meet 
requirements in paragraphs (b)(5)(i) and (ii) of this section.
    (i) You must perform the verification procedure for the permanent 
total enclosure at least annually according to the requirements in Sec.  
63.685(i).
    (ii) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to you.



Sec.  63.7898  How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for tanks?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7895 applicable to 
your affected tanks by meeting the requirements in paragraphs (b) 
through (d) of this section.
    (b) You must demonstrate continuous compliance with the requirement 
to determine the applicable tank control level specified in Sec.  
63.7895(b) for each affected tank by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Keeping records of the tank design capacity according to the 
requirements in Sec.  63.1065(a).
    (2) For tanks subject to Sec.  63.7886(b)(1)(ii) and not using Tank 
Level 2 controls, meeting the requirements in paragraphs (b)(2)(i) and 
(ii) of this section.
    (i) Keeping records of the maximum HAP vapor pressure determined 
according to the procedures in Sec.  63.7944 for the remediation 
material placed in each affected tank.
    (ii) Performing a new determination of the maximum HAP vapor 
pressure whenever changes to the remediation material managed in the 
tank could potentially cause the maximum HAP vapor pressure to increase 
to a level that is equal to or greater than the maximum HAP vapor 
pressure for the tank design capacity specified in Table 2. You must 
keep records of each determination.
    (3) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 1 controls by meeting the requirements 
in paragraphs (c)(1) through (5) of this section.
    (1) Operating and maintaining the fixed roof and closure devices 
according to the requirements in Sec.  63.902(c),

[[Page 319]]

with the exceptions specified in Sec.  63.7895(c)(1) and (2).
    (2) Visually inspecting the fixed roof and closure devices for 
defects at least annually according to the requirements in Sec.  
63.906(a).
    (3) Repairing defects according to the requirements in Sec.  
63.63.906(b).
    (4) Recording the information specified in Sec.  63.907(a)(3) and 
(b).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a fixed roof with 
an internal floating roof according to Sec.  63.7895(d)(1) by meeting 
the requirements in paragraphs (d)(1) through (5) of this section.
    (1) Operating and maintaining the internal floating roof according 
to the requirements in Sec.  63.1063(b).
    (2) Visually inspecting the internal floating roof according to the 
requirements in Sec.  63.1063(d)(1) and (2).
    (3) Repairing defects according to the requirements in Sec.  
63.1063(e).
    (4) Recording the information specified in Sec.  63.1065(b) through 
(d).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using an external 
floating roof according to Sec.  63.7895(d)(2) by meeting the 
requirements in paragraphs (e)(1) through (5) of this section.
    (1) Operating and maintaining the external floating roof according 
to the requirements in Sec.  63.1063(b).
    (2) Visually inspecting the external floating roof according to the 
requirements in Sec.  63.1063(d)(1) and inspecting the seals according 
to the requirements in Sec.  63.1063(d)(2) and (3).
    (3) Repairing defects according to the requirements in Sec.  
63.1063(e).
    (4) Recording the information specified in Sec.  63.1065(b) through 
(d).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (f) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a fixed roof 
vented to a control device according to Sec.  63.7895(d)(3) by meeting 
the requirements in paragraphs (f)(1) through (6) of this section.
    (1) Operating and maintaining the fixed roof and closure devices 
according to the requirements in Sec.  63.685(g).
    (2) Visually inspecting the fixed roof and closure devices for 
defects at least annually according to the requirements in Sec.  
63.695(b)(3)(i).
    (3) Repairing defects according to the requirements in Sec.  
63.695(b)(4).
    (4) Recording the information specified in Sec.  63.696(e).
    (5) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec.  63.7928.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (g) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and operated as a pressure 
tank according to Sec.  63.7895(d)(4) by meeting the requirements in 
paragraphs (g)(1) through (3) of this section.
    (1) Operating and maintaining the pressure tank and closure devices 
according to the requirements in Sec.  63.685(h).
    (2) Visually inspecting each pressurized tank and closure devices 
for defects at least annually to ensure they are operating according to 
the design requirements in Sec.  63.685(h), and recording the results of 
each inspection.
    (3) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (h) You must demonstrate continuous compliance for each tank 
determined to require Tank Level 2 controls and using a permanent total 
enclosure vented to an enclosed combustion device according to Sec.  
63.7895(d)(5) by meeting the requirements in paragraphs (h)(1) through 
(4) of this section.

[[Page 320]]

    (1) Performing the verification procedure for the enclosure annually 
according to the requirements in Sec.  63.685(i).
    (2) Recording the information specified in Sec.  63.696(f).
    (3) Meeting each applicable requirement for demonstrating continuous 
compliance with the emissions limitations and work practice standards 
for a closed vent system and control device in Sec.  63.7928.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006; 85 
FR 41703, July 10, 2020]

                               Containers



Sec.  63.7900  What emissions limitations and work practice standards
must I meet for containers?

    (a) You must control HAP emissions from each new and existing 
container subject to Sec.  63.7886(b)(1)(ii) according to emissions 
limitations and work practice standards in this section that apply to 
your affected containers.
    (b) For each container having a design capacity greater than 0.1 
m\3\ you must meet the requirements in paragraph (b)(1) or (2) of this 
section that apply to your container except at the times the container 
is used for treatment of remediation material by a waste stabilization 
process, as defined in Sec.  63.7957. As an alternative for any 
container subject to this paragraph, you may choose to meet the 
requirements in paragraph (d) of this section.
    (1) If the design capacity of your container is less than or equal 
to 0.46 m\3\, then you must use controls according to the standards for 
Container Level 1 controls as specified in Sec.  63.922. As an 
alternative, you may choose to use controls according to either of the 
standards for Container Level 2 controls as specified in Sec.  63.923. 
Sec.  63.922(d)(4) and (5) do not apply for the purposes of this subpart 
if your initial startup date is after September 3, 2019; Sec.  
63.922(d)(4) and (5) do not apply for the purposes of this subpart for 
any source after January 6, 2021.
    (2) If the design capacity of your container is greater than 0.46 
m3, then you must use controls according to the standards for Container 
Level 2 controls as specified in Sec.  63.923 except as provided for in 
paragraph (b)(3) of this section. Sec.  63.923(d)(4) and (5) do not 
apply for the purposes of this subpart if your initial startup date is 
after September 3, 2019; Sec.  63.923(d)(4) and (5) do not apply for the 
purposes of this subpart for any source after January 6, 2021.
    (3) As an alternative to meeting the standards in paragraph (b)(2) 
of this section for containers with a capacity greater than 0.46 m3, if 
you determine that either of the conditions in paragraph (b)(3)(i) or 
(ii) apply to the remediation material placed in your container, then 
you may use controls according to the standards for Container Level 1 
controls as specified in Sec.  63.922. Sec.  63.922(d)(4) and (5) do not 
apply for the purposes of this subpart if your initial startup date is 
after September 3, 2019; Sec.  63.922(d)(4) and (5) do not apply for the 
purposes of this subpart for any source after January 6, 2021.
    (c) At times when a container having a design capacity greater than 
0.1 m3 is used for treatment of a remediation material by a waste 
stabilization process as defined in Sec.  63.7957, you must control air 
emissions from the container during the process whenever the remediation 
material in the container is exposed to the atmosphere according to the 
standards for Container Level 3 controls as specified in Sec.  63.924. 
You must meet the emissions limitations and work practice standards in 
Sec.  63.7925 that apply to your closed vent system and control device. 
Sec.  63.924(d) does not apply for the purposes of this subpart if your 
initial startup date is after September 3, 2019; Sec.  63.924(d) does 
not apply for the purposes of this subpart for any source after January 
6, 2021.
    (d) As an alternative to meeting the requirements in paragraph (b) 
of this section, you may choose to use controls on your container 
according to the standards for Container Level 3 controls as specified 
in Sec.  63.924. You must meet the emissions limitations and work 
practice standards in Sec.  63.7925 that apply to your closed vent 
system and control device. Sec.  63.924(d) does not apply for the 
purposes of this subpart if your initial startup date is after September 
3, 2019; Sec.  63.924(d) does not apply

[[Page 321]]

for the purposes of this subpart for any source after January 6, 2021.
    (e) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your containers. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41703, July 10, 2020]



Sec.  63.7901  How do I demonstrate initial compliance with the emissions
limitations and work practice standards for containers?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7900 that apply to 
your affected containers by meeting the requirements in paragraphs (b) 
through (e) of this section, as applicable to your containers.
    (b) You have submitted as part of your notification of compliance 
status, specified in Sec.  63.7950, a signed statement that you have met 
the requirements in paragraphs (b)(1) and (2) of this section.
    (1) You have determined the applicable container control levels 
specified in Sec.  63.7900 for the containers to be used for your Site 
Remediation.
    (2) You have determined and recorded the maximum vapor pressure or 
total organic concentration for the remediation material placed in 
containers with a design capacity greater than 0.46 m\3\, and do not use 
Container Level 2 or Level 3 controls.
    (c) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 1 controls if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(1) and (2) of this 
section.
    (1) Each container using Container Level 1 controls will be one of 
the containers specified in Sec.  63.922(b).
    (2) You will operate each container cover and closure device 
according to the requirements in Sec.  63.922(d), with the exceptions 
specified in Sec.  63.7900(b)(1).
    (d) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 2 controls if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Each container using Container Level 2 controls will be one of 
the containers specified in Sec.  63.923(b).
    (2) You will transfer remediation materials into and out of each 
container according to the procedures in Sec.  63.923(d).
    (3) You will operate and maintain the container covers and closure 
devices according to the requirements in Sec.  63.923(d), with the 
exceptions specified in Sec.  63.7900(b)(2).
    (4) You have records that the container meets the applicable U.S. 
Department of Transportation regulations, or you have conducted an 
initial test of each container for no detectable organic emissions using 
the procedures in Sec.  63.925(a), and have records documenting the test 
results, or you have demonstrated within the last 12 months that each 
container is vapor-tight according to the procedures in Sec.  63.925(a) 
and have records documenting the test results.
    (e) You must demonstrate initial compliance of each container 
determined under paragraph (b) of this section to require Container 
Level 3 controls if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (e)(1) and (2) of this 
section.
    (1) For each permanent total enclosure you use to comply with Sec.  
63.7900, you have performed the verification procedure according to the 
requirements in Sec.  63.924(c)(1), and prepare records of the 
supporting calculations and measurements.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41704, July 10, 2020]

[[Page 322]]



Sec.  63.7902  What are my inspection and monitoring requirements for
containers?

    (a) You must inspect each container using Container Level 1 or 
Container Level 2 controls according to the requirements in Sec.  
63.926(a).
    (b) If you use Container Level 3 controls, you must meet 
requirements in paragraphs (b)(1) and (2) of this section, as applicable 
to your site remediation.
    (1) You must perform the verification procedure for each permanent 
total enclosure annually according to the requirements in Sec.  
63.924(c)(1).
    (2) You must monitor and inspect each closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to you.



Sec.  63.7903  How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for containers?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7900 applicable to 
your affected containers by meeting the requirements in paragraphs (b) 
through (e) of this section.
    (b) You must demonstrate continuous compliance with the requirement 
to determine the applicable container control level specified in Sec.  
63.7900(b) for each affected tank by meeting the requirements in 
paragraphs (b)(1) through (3) of this section.
    (1) Keeping records of the quantity and design capacity for each 
type of container used for your site remediation and subject to Sec.  
63.7886(b)(1)(ii).
    (2) For containers subject to Sec.  63.7886(b)(1)(ii) with a design 
capacity greater than 0.46 m\3\ and not using Container Level 2 or 
Container Level 3 controls, meeting the requirements in paragraphs 
(b)(2)(i) and (ii) of this section.
    (i) Keeping records of the maximum vapor pressure or total organic 
concentration for the remediation material placed in the containers, as 
applicable to the conditions in Sec.  63.7900(b)(3)(i) or (ii) for which 
your containers qualify to use Container Level 1 controls.
    (ii) Performing a new determination whenever changes to the 
remediation material placed in the containers could potentially cause 
the maximum vapor pressure or total organic concentration to increase to 
a level that is equal to or greater than the conditions specified in 
Sec.  63.7900(b)(3)(i) or (ii), as applicable to your containers. You 
must keep records of each determination.
    (3) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each container 
determined to require Container Level 1 controls by meeting the 
requirements in paragraphs (c)(1) through (5) of this section.
    (1) Operating and maintaining covers for each container according to 
the requirements in Sec.  63.922(d), with the exceptions specified in 
Sec.  63.7900(b)(1).
    (2) Inspecting each container annually according to the requirements 
in Sec.  63.926(a)(2).
    (3) Emptying or repairing each container according to the 
requirements in Sec.  63.926(a)(3).
    (4) Keeping records of an inspection that includes the information 
in paragraphs (a)(4)(i) and (ii) of this section.
    (i) Date of each inspection; and
    (ii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each container 
determined to require Container Level 2 controls by meeting the 
requirements in paragraphs (d)(1) through (6) of this section.
    (1) Transferring remediation material in and out of the container 
according to the requirements in Sec.  63.923(c).
    (2) Operating and maintaining container covers according to the 
requirements in Sec.  63.923(d), with the exceptions specified in Sec.  
63.7900(b)(2).
    (3) Inspecting each container annually according to the requirements 
in Sec.  63.926(a)(2).

[[Page 323]]

    (4) Emptying or repairing containers according to the requirements 
in Sec.  63.926(a)(3).
    (5) Keeping records of each inspection that include the information 
in paragraphs (d)(5)(i) and (ii) of this section.
    (i) Date of each inspection; and
    (ii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each container 
determined to require Container Level 3 controls by meeting the 
requirements in paragraphs (e)(1) through (4) of this section.
    (1) Performing the verification procedure for the enclosure annually 
according to the requirements in Sec.  63.685(i).
    (2) Recording the information specified in Sec.  63.696(f).
    (3) Meeting each applicable requirement for demonstrating continuous 
compliance with the emissions limitations and work practice standards 
for a closed vent system and control device in Sec.  63.7928.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41704, July 10, 2020]

                          Surface Impoundments



Sec.  63.7905  What emissions limitations or work practice standards must
I meet for surface impoundments?

    (a) You must control HAP emissions from each new and existing 
surface impoundment subject to Sec.  63.7886(b)(1)(iii) according to 
emissions limitations and work practice standards in this section that 
apply to your affected surface impoundments.
    (b) For each affected surface impoundment, you must install and 
operate air pollution controls that meet either of the options in 
paragraphs (b)(1) or (2) of this section.
    (1) Install and operate a floating membrane cover according to the 
requirements in Sec.  63.942. Sec.  63.942(c)(2) and (3) do not apply 
for the purposes of this subpart if your initial startup date is after 
September 3, 2019; Sec.  63.942(c)(2) and (3) do not apply for the 
purposes of this subpart for any source after January 6, 2021; or
    (2) Install and operate a cover vented through a closed vent system 
to a control device according to the requirements in Sec.  63.943. You 
must meet the emissions limitations and work practice standards in Sec.  
63.7925 that apply to your closed vent system and control device. Sec.  
63.943(c)(2) does not apply for the purposes of this subpart if your 
initial startup date is after September 3, 2019; Sec.  63.943(c)(2) does 
not apply for the purposes of this subpart for any source after January 
6, 2021.
    (c) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your surface impoundments. If you request for permission 
to use an alternative to the work practice standards, you must submit 
the information described in Sec.  63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41704, July 10, 2020]



Sec.  63.7906  How do I demonstrate initial compliance with the emissions 
limitations or work practice standards for surface impoundments?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7905 that apply to 
your affected surface impoundments by meeting the requirements in 
paragraphs (b) and (c) of this section, as applicable to your surface 
impoundments.
    (b) You must demonstrate initial compliance of each surface 
impoundment using a floating membrane cover according to Sec.  
63.7905(b)(1) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (b)(1) through (3) of this 
section.
    (1) You have installed a floating membrane cover and closure devices

[[Page 324]]

that meet the requirements in Sec.  63.942(b), and you have records 
documenting the design and installation.
    (2) You will operate the cover and closure devices according to the 
requirements in Sec.  63.942(c), with the exceptions specified in Sec.  
63.7905(b)(1).
    (3) You have performed an initial visual inspection of each surface 
impoundment and closure devices according to the requirements in Sec.  
63.946(a), and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each surface 
impoundment using a cover vented to a control device according to Sec.  
63.7905(b)(2) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(1) through (4) of this 
section.
    (1) You have installed a cover and closure devices that meet the 
requirements in Sec.  63.943(b), and have records documenting the design 
and installation.
    (2) You will operate the cover and closure devices according to the 
requirements in Sec.  63.943(c), with the exceptions specified in Sec.  
63.7905(b)(2).
    (3) You have performed an initial visual inspection of each cover 
and closure devices according to the requirements in Sec.  63.946(b), 
and have records documenting the inspection results.
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41704, July 10, 2020]



Sec.  63.7907  What are my inspection and monitoring requirements for
surface impoundments?

    (a) If you use a floating membrane cover according to Sec.  
63.7905(b)(1), you must visually inspect the floating membrane cover and 
its closure devices at least annually according to the requirements in 
Sec.  63.946(a).
    (b) If you use a cover vented to a control device according to Sec.  
63.7905(b)(2), you must meet requirements in paragraphs (b)(1) and (2) 
of this section.
    (1) You must visually inspect the cover and its closure devices for 
defects according to the requirements in Sec.  63.946(b).
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to you.



Sec.  63.7908  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for surface
impoundments?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7905 applicable to 
your affected surface impoundments by meeting the requirements in 
paragraphs (b) and (c) of this section as applicable to your surface 
impoundments.
    (b) You must demonstrate continuous compliance for each surface 
impoundment using a floating membrane cover according to Sec.  
63.7905(b)(1) by meeting the requirements in paragraphs (b)(1) through 
(5) of this section.
    (1) Operating and maintaining the floating membrane cover and 
closure devices according to the requirements in Sec.  63.942(c), with 
the exceptions specified in Sec.  63.7905(b)(1).
    (2) Visually inspecting the floating membrane cover and closure 
devices for defects at least annually according to the requirements in 
Sec.  63.946(a).
    (3) Repairing defects according to the requirements in Sec.  
63.946(c).
    (4) Recording the information specified in Sec.  63.947(a)(2) and 
(a)(3).
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each surface 
impoundment using a cover vented to a control device according to Sec.  
63.7905(b)(2) by meeting the requirements in paragraphs (c)(1) through 
(6) of this section.
    (1) Operating and maintaining the floating membrane cover and 
closure devices according to the requirements in Sec.  63.943(c), with 
the exceptions specified in Sec.  63.7905(b)(2).
    (2) Visually inspecting the cover and its closure devices for 
defects at least annually according to the requirements in Sec.  
63.946(b).

[[Page 325]]

    (3) Repairing defects according to the requirements in Sec.  
63.946(c).
    (4) Recording the information specified in Sec.  63.947(a)(2) and 
(a)(3).
    (5) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec.  63.7928.
    (6) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41704, July 10, 2020]

                               Separators



Sec.  63.7910  What emissions limitations and work practice standards must
I meet for separators?

    (a) You must control HAP emissions from each new and existing oil-
water separator and organic-water separator subject to Sec.  
63.7886(b)(1)(iv) according to emissions limitations and work practice 
standards in this section that apply to your affected separators.
    (b) For each affected separator, you must install and operate air 
pollution controls that meet one of the options in paragraphs (b)(1) 
through (3) of this section.
    (1) Install and operate a floating roof according to the 
requirements in Sec.  63.1043. For portions of the separator where it is 
infeasible to install and operate a floating roof, such as over a weir 
mechanism, you must comply with the requirements specified in paragraph 
(b)(2) of this section. Sec.  63.1043(c)(2) does not apply for the 
purposes of this subpart if your initial startup date is after September 
3, 2019; Sec.  63.1043(c)(2) does not apply for the purposes of this 
subpart for any source after January 6, 2021.
    (2) Install and operate a fixed roof vented through a closed vent 
system to a control device according to the requirements in Sec.  
63.1044. You must meet the emissions limitations and work practice 
standards in Sec.  63.7925 that apply to your closed vent system and 
control device. Sec.  63.1044(c)(2) does not apply for the purposes of 
this subpart if your initial startup date is after September 3, 2019; 
Sec.  63.1044(c)(2) does not apply for the purposes of this subpart for 
any source after January 6, 2021.
    (3) Install and operate a pressurized separator according to the 
requirements in Sec.  63.1045. Sec.  63.1045(b)(3)(i) does not apply for 
the purposes of this subpart if your initial startup date is after 
September 3, 2019; Sec.  63.1045(b)(3)(i) does not apply for the 
purposes of this subpart for any source after January 6, 2021.
    (c) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your separators. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41705, July 10, 2020]



Sec.  63.7911  How do I demonstrate initial compliance with the emissions
limitations and work practice standards for separators?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7910 that apply to 
your affected separators by meeting the requirements in paragraphs (b) 
through (d) of this section, as applicable to your separators.
    (b) You must demonstrate initial compliance of each separator using 
a floating roof according to Sec.  63.7910(b)(1) if you have submitted 
as part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have met the requirements in 
paragraphs (b)(1) through (4) of this section.
    (1) You have installed a floating roof and closure devices that meet 
the requirements in Sec.  63.1043(b), and you have records documenting 
the design and installation.
    (2) You will operate the floating roof and closure devices according 
to the requirements in Sec.  63.1043(c), with the exceptions specified 
in Sec.  63.7910(b)(1).
    (3) You have performed an initial seal gap measurement inspection 
using the procedures in Sec.  63.1046(b), and you have records 
documenting the measurement results.
    (4) You have performed an initial visual inspection of the floating 
roof and

[[Page 326]]

closure devices for defects according to the requirements in Sec.  
63.1047(b)(2), and you have records documenting the inspection results.
    (5) For any portions of the separator using a fixed roof vented to a 
control device according to Sec.  63.7910(b)(1), you have met the 
requirements in paragraphs (c)(1) through (4) of this section.
    (c) You must demonstrate initial compliance of each separator using 
a fixed roof vented to a control device according to Sec.  63.7910(b)(2) 
if you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(1) through (4) of this section.
    (1) You have installed a fixed roof and closure devices that meet 
the requirements in Sec.  63.1042(b), and you have records documenting 
the design and installation.
    (2) You will operate the fixed roof and its closure devices 
according to the requirements in Sec.  63.1042(c). Sec.  63.1042(c)(3) 
does not apply for the purposes of this subpart if your initial date is 
after September 3, 2019; Sec.  63.1042(c)(3) does not apply for the 
purposes of this subpart for any source after January 6, 2021.
    (3) You have performed an initial visual inspection of the fixed 
roof and closure devices for defects according to the requirements in 
Sec.  63.1047(a).
    (4) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.
    (d) You must demonstrate initial compliance of each pressurized 
separator that operates as a closed system according to Sec.  
63.7910(b)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) You have installed a pressurized separator that operates as a 
closed system according to the requirements in Sec.  63.1045(b)(1) and 
(b)(2), and you have records of the design and installation.
    (2) You will operate the pressurized separator as a closed system 
according to the requirements in Sec.  63.1045(b)(3), with the 
exceptions specified in Sec.  63.7910(b)(3).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41705, July 10, 2020]



Sec.  63.7912  What are my inspection and monitoring requirements for
separators?

    (a) If you use a floating roof according to Sec.  63.7910(b)(1), you 
must meet requirements in paragraphs (a)(1) and (2) of this section.
    (1) Measure the seal gaps at least annually according to the 
requirements in Sec.  63.1047(b)(1).
    (2) Visually inspect the floating roof at least annually according 
to the requirements in Sec.  63.1047(b)(2).
    (b) If you use a cover vented to a control device according to Sec.  
63.7910(b)(1) or (2), you must meet requirements in paragraphs (b)(1) 
and (2) of this section.
    (1) You must visually inspect the cover and its closure devices for 
defects according to the requirements in Sec.  63.1047(c).
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to you.
    (c) If you use a pressurized separator that operates as a closed 
system according to Sec.  63.7910(b)(3), you must visually inspect each 
pressurized separator and closure devices for defects at least annually 
to ensure they are operating according to the design requirements in 
Sec.  63.1045(b), with the exceptions specified in Sec.  63.7910(b)(3).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41705, July 10, 2020]



Sec.  63.7913  How do I demonstrate continuous compliance with the 
emissions limitations and work practice standards for separators?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7910 applicable to 
your affected separators by meeting the requirements in paragraphs (b) 
through (d) of this section as applicable to your surface impoundments.
    (b) You must demonstrate continuous compliance for each separator 
using a floating roof according to

[[Page 327]]

Sec.  63.7910(b)(1) by meeting the requirements in paragraphs (b)(1) 
through (6) of this section.
    (1) Operating and maintaining the floating roof according to the 
requirements in Sec.  63.1043(b).
    (2) Performing seal gap measurement inspections at least annually 
according to the requirements in Sec.  63.1047(b)(1).
    (3) Visually inspecting the floating roof at least annually 
according to the requirements in Sec.  63.1047(b)(2).
    (4) Repairing defects according to the requirements in Sec.  
63.1047(d).
    (5) Recording the information specified in Sec.  63.1048(a) and (b).
    (6) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each separator 
using a fixed roof vented through a closed vent system to a control 
device according to Sec.  63.7910(b)(2) by meeting the requirements in 
paragraphs (c)(1) through (6) of this section.
    (1) Operating and maintaining the fixed roof and its closure devices 
according to the requirements in Sec.  63.1042, with the exceptions 
specified in Sec.  63.7911(c)(2).
    (2) Performing visual inspections of the fixed roof and its closure 
devices for defects at least annually according to the requirements in 
Sec.  63.1047(a).
    (3) Repairing defects according to the requirements in Sec.  
63.1047(d).
    (4) Recording the information specified in Sec.  63.1048(a).
    (5) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec.  63.7928.
    (6) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each pressurized 
separator operated as a closed system according to Sec.  63.7910(b)(3) 
by meeting the requirements in paragraphs (d)(1) and (2) of this 
section.
    (1) Operating the pressurized separator at all times according to 
the requirements in Sec.  63.1045, with the exceptions specified in 
Sec.  63.7910(b)(3).
    (2) Visually inspecting each pressurized tank and closure devices 
for defects at least annually to ensure they are operating according to 
the design requirements in Sec.  63.1045(b), and recording the results 
of each inspection.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006; 85 
FR 41705, July 10, 2020]

                            Transfer Systems



Sec.  63.7915  What emissions limitations and work practice standards must
I meet for transfer systems?

    (a) You must control HAP emissions from each new and existing 
transfer system subject to Sec.  63.7886(b)(1)(v) according to emissions 
limitations and work practice standards in this section that apply to 
your affected transfer systems.
    (b) For each affected transfer system that is an individual drain 
system as defined in Sec.  63.7957, you must install and operate 
controls according to the requirements in Sec.  63.962.
    (c) For each affected transfer system that is not an individual 
drain system as defined in Sec.  63.7957, you must use one of the 
transfer systems specified in paragraphs (c)(1) through (3) of this 
section.
    (1) A transfer system that uses covers according to the requirements 
in Sec.  63.689(d).
    (2) A transfer system that consists of continuous hard piping. All 
joints or seams between the pipe sections must be permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (3) A transfer system that is enclosed and vented through a closed 
vent system to a control device according to the requirements specified 
in paragraphs (c)(3)(i) and (ii) of this section.
    (i) The transfer system is designed and operated such that an 
internal pressure in the vapor headspace in the enclosure is maintained 
at a level less than atmospheric pressure when the control device is 
operating, and
    (ii) The closed vent system and control device are designed and 
operated to meet the emissions limitations and work practice standards 
in Sec.  63.7925 that apply to your closed vent system and control 
device.

[[Page 328]]

    (d) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your transfer systems. If you request for permission to 
use an alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec.  63.7916  How do I demonstrate initial compliance with the emissions
limitations and work practice standards for transfer systems?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7915 that apply to 
your affected transfer systems by meeting the requirements in paragraphs 
(b) through (e) of this section, as applicable to your transfer systems.
    (b) You must demonstrate initial compliance of each individual drain 
system using controls according to Sec.  63.7915(b) if you have 
submitted as part of your notification of compliance status, specified 
in Sec.  63.7950, a signed statement that you have met the requirements 
in paragraphs (b)(1) through (3) of this section.
    (1) You have installed air emission controls for each individual 
drain system and junction box according to the requirements in Sec.  
63.962(a) and (b), and you have records documenting the installation and 
design.
    (2) You will operate the air emission controls according to the 
requirements in Sec.  63.962(b)(5).
    (3) You have performed an initial visual inspection of each 
individual drain system according to the requirements in Sec.  
63.964(a), and you have records documenting the inspection results.
    (c) You must demonstrate initial compliance of each transfer system 
using covers according to Sec.  63.7915(c)(1) if you have submitted as 
part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have met the requirements in 
paragraphs (c)(1) through (3) of this section.
    (1) Each transfer system is equipped with covers and closure devices 
according to the requirements in Sec.  63.689(d)(1) through (4), and you 
have records documenting the design and installation.
    (2) You have performed an initial inspection of each cover and its 
closure devices for defects according to the requirements in Sec.  
63.695(d)(1) through (5), and you have records documenting the 
inspection results.
    (3) You will operate each cover and its closure devices according to 
the requirements in Sec.  63.689(5).
    (d) You must demonstrate initial compliance of each transfer system 
that consists of hard piping according to Sec.  63.7915(c)(2) if you 
have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (d)(1) and (2) of this section.
    (1) You have installed a transfer system that consists entirely of 
hard piping and meets the requirements in Sec.  63.7915(c)(2), and you 
have records documenting the design and installation.
    (2) You have performed an initial inspection of the entire transfer 
system to verify that all joints or seams between the pipe sections are 
permanently or semi-permanently sealed (e.g., a welded joint between two 
sections of metal pipe or a bolted and gasketed flange), and you have 
records documenting the inspection results.
    (e) You must demonstrate initial compliance of each transfer system 
that is enclosed and vented to a control device according to Sec.  
63.7915(e)(3) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (e)(1) and (2) of this 
section.
    (1) You have installed a transfer system that is designed and 
operated such that an internal pressure in the vapor headspace in the 
enclosure is maintained at a level less than atmospheric pressure when 
the control device is operating, and you have records documenting the 
design and installation.
    (2) You have met each applicable requirement for demonstrating 
initial compliance with the emission limitations and work practice 
standards for a closed vent system and control device in Sec.  63.7926.

[[Page 329]]



Sec.  63.7917  What are my inspection and monitoring requirements for
transfer systems?

    (a) If you operate an individual drain system as a transfer system 
according to Sec.  63.7915(b), you must visually inspect each individual 
drain system at least annually according to the requirements in Sec.  
63.964(a).
    (b) If you operate a transfer system using covers according to Sec.  
63.7915(c)(1), you must inspect each cover and its closure devices for 
defects according to the requirements in Sec.  63.695(d)(1) through (5).
    (c) If you operate a transfer system consisting of hard piping 
according to Sec.  63.7915(c)(2), you must annually inspect the unburied 
portion of pipeline and all joints for leaks and other defects. In the 
event that a defect is detected, you must repair the leak or defect 
according to the requirements of paragraph (e) of this section.
    (d) If you operate a transfer system that is enclosed and vented to 
a control device according to Sec.  63.7915(c)(3), you must meet 
requirements in paragraphs (d)(1) and (2) of this section.
    (1) You must annually inspect all enclosure components (e.g., 
enclosure sections, closure devices, fans) for defects that would 
prevent an internal pressure in the vapor headspace in the enclosure 
from continuously being maintained at a level less than atmospheric 
pressure when the control device is operating. In the event that a 
defect is detected, you must repair the defect according to the 
requirements of paragraph (e) of this section.
    (2) You must monitor and inspect the closed vent system and control 
device according to the requirements in Sec.  63.7927 that apply to you.
    (e) If you are subject to paragraph (c) or (d) of this section, you 
must repair all detected defects as specified in paragraphs (e)(1) 
through (3) of this section.
    (1) You must make first efforts at repair of the defect no later 
than 5 calendar days after detection and repair shall be completed as 
soon as possible but no later than 45 calendar days after detection 
except as provided in paragraph (e)(2) of this section.
    (2) Repair of a defect may be delayed beyond 45 calendar days if you 
determine that repair of the defect requires emptying or temporary 
removal from service of the transfer system and no alternative transfer 
system is available at the site to accept the material normally handled 
by the system. In this case, you must repair the defect the next time 
the process or unit that is generating the material handled by the 
transfer system stops operation. Repair of the defect must be completed 
before the process or unit resumes operation.
    (3) You must maintain a record of the defect repair according to the 
requirements specified in Sec.  63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec.  63.7918  How do I demonstrate continuous compliance with the emissions
limitations and work practice standards for transfer systems?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7915 applicable to 
your affected transfer system by meeting the requirements in paragraphs 
(b) through (e) of this section as applicable to your transfer systems.
    (b) You must demonstrate continuous compliance for each individual 
drain system using controls according to Sec.  63.7915(b) by meeting the 
requirements in paragraphs (b)(1) through (5) of this section.
    (1) Operating and maintaining the air emission controls for 
individual drain systems according to the requirements in Sec.  63.962.
    (2) Visually inspecting each individual drain system at least 
annually according to the requirements in Sec.  63.964(a).
    (3) Repairing defects according to the requirements in Sec.  
63.964(b).
    (4) Recording the information specified in Sec.  63.965(a).
    (5) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (c) You must demonstrate continuous compliance for each transfer 
system using covers according to Sec.  63.7915(c)(1) by meeting the 
requirements in paragraphs (c)(1) through (4) of this section.
    (1) Operating and maintaining each cover and its closure devices 
according

[[Page 330]]

to the requirements in Sec.  63.689(d)(1) through (5).
    (2) Performing inspections of each cover and its closure devices for 
defects at least annually according to the requirements in Sec.  
63.695(d)(1) through (5).
    (3) Repairing defects according to the requirements in Sec.  
63.695(5)
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (d) You must demonstrate continuous compliance for each transfer 
system that consists of hard piping according to Sec.  63.7915(c)(2) by 
meeting the requirements in paragraphs (d)(1) through (4) of this 
section.
    (1) Operating and maintaining the pipeline to ensure that all joints 
or seams between the pipe sections remain permanently or semi-
permanently sealed (e.g., a welded joint between two sections of metal 
pipe or a bolted and gasketed flange).
    (2) Inspecting the pipeline for defects at least annually according 
to the requirements in Sec.  63.7917(c).
    (3) Repairing defects according to the requirements in Sec.  
63.7917(e).
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance for each transfer 
system that is enclosed and vented to a control device according to 
Sec.  63.7915(c)(3) by meeting the requirements in paragraphs (e)(1) 
through (5) of this section.
    (1) Operating and maintaining the enclosure to ensure that the 
internal pressure in the vapor headspace in the enclosure is maintained 
continuously at a level less than atmospheric pressure when the control 
device is operating.
    (2) Inspecting the enclosure and its closure devices for defects at 
least annually according to the requirements in Sec.  63.7918(d).
    (3) Repairing defects according to the requirements in Sec.  
63.7918(e).
    (4) Meeting each applicable requirement for demonstrating continuous 
compliance with the emission limitations and work practice standards for 
a closed vent system and control device in Sec.  63.7928.
    (5) Keeping records to document compliance with the requirements 
according to the requirements in Sec.  63.7952.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

               Equipment Leaks and Pressure Relief Devices



Sec.  63.7920  What emissions limitations and work practice standards must
I meet for equipment leaks?

    (a) You must control HAP emissions from each new and existing 
equipment subject to Sec.  63.7887 according to emissions limitations 
and work practice standards in this section that apply to your affected 
equipment.
    (b) For your affected equipment, you must meet the requirements in 
either paragraph (b)(1) or (2) of this section.
    (1) Control equipment leaks according to all applicable requirements 
under 40 CFR part 63, subpart TT--National Emission Standards for 
Equipment Leaks--Control Level 1, with the differences noted in 
paragraph (b)(3) of this section for the purposes of this subpart; or
    (2) Control equipment leaks according to all applicable requirements 
under 40 CFR part 63, subpart UU--National Emission Standards for 
Equipment Leaks--Control Level 2.
    (3)(i) For the purpose of complying with the requirements of Sec.  
63.1006(b)(2), the instrument reading that defines a leak is 500 parts 
per million or greater.
    (ii) For the purpose of complying with the requirements of Sec.  
63.1007(b)(2), the instrument reading that defines a leak is 5,000 parts 
per million or greater for pumps handling polymerizing monomers; 2,000 
parts per million or greater for pumps in food/medical service; and 
1,000 parts per million or greater for all other pumps.
    (c) If you use a closed vent system and control device to comply 
with this section, as an alternative to meeting the standards in Sec.  
63.1015 or Sec.  63.1034 for closed vent systems and control devices, 
you may elect to meet the requirements in Sec. Sec.  63.7925 through 
63.7928 that apply to your closed vent system and control device.
    (d) For the purposes of this subpart, the requirements of Sec.  
63.7920(e) of this subpart apply rather than those of

[[Page 331]]

Sec.  63.1030 or of Sec.  63.1011, as applicable, for pressure relief 
devices in gas and vapor service. The requirements of Sec.  63.7920(e) 
of this subpart apply rather than those of Sec.  63.1029 or of Sec.  
63.1010, as applicable, for pressure relief devices in liquid service.
    (e) Operate each pressure relief device under normal operating 
conditions, as indicated by an instrument reading of less than 500 ppm 
above the background level as detected by the method specified in Sec.  
63.1004(b) or Sec.  63.1023(b), as applicable.
    (f) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your equipment. If you request for permission to use an 
alternative to the work practice standards, you must submit the 
information described in Sec.  63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41705, July 10, 2020]



Sec.  63.7921  How do I demonstrate initial compliance with the emissions
limitations and work practice standards for equipment leaks?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in Sec.  63.7920 that apply to 
your affected equipment by meeting the requirements in paragraphs (b) 
and (c) of this section, as applicable to your affected sources.
    (b) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(1), you must demonstrate initial compliance if 
you have met the requirements in paragraphs (b)(1) and (2) of this 
section.
    (1) You include the information required in Sec.  63.1018(a)(1) in 
your notification of compliance status report.
    (2) You have submitted as part of your notification of compliance 
status a signed statement that:
    (i) You will meet the requirements in Sec. Sec.  63.1002 through 
63.1016 that apply to your affected equipment.
    (ii) You have identified the equipment subject to control according 
to the requirements in Sec.  63.1003, including equipment designated as 
unsafe to monitor, and have records supporting the determinations with a 
written plan for monitoring the equipment according to the requirements 
in Sec.  63.1003(c)(4).
    (c) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(2), you must demonstrate initial compliance if 
you have met the requirements in paragraphs (c)(1) and (2) of this 
section.
    (1) You have included the information required in Sec.  63.1039(a) 
in your notification of compliance status report.
    (2) You have submitted as part of your notification of compliance 
status a signed statement that:
    (i) You will meet the requirements in Sec. Sec.  63.1021 through 
63.1037 that apply to your affected equipment.
    (ii) You have identified the equipment subject to control according 
to the requirements in Sec.  63.1022, including equipment designated as 
unsafe to monitor, and have records supporting the determinations with a 
written plan for monitoring the equipment according to the requirements 
in Sec.  63.1022(c)(4).



Sec.  63.7922  How do I demonstrate continuous compliance with the work
practice standards for equipment leaks?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in Sec.  63.7920 applicable to 
your affected equipment by meeting the requirements in paragraphs (b) 
through (d) of this section that apply to you.
    (b) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(1), you must demonstrate continuous compliance by 
inspecting, monitoring, repairing, and maintaining records according to 
the requirements in Sec. Sec.  63.1002 through 63.1018 that apply to 
your affected equipment.
    (c) If you control equipment leaks according to the requirements 
under Sec.  63.7920(b)(2), you must demonstrate continuous compliance by 
inspecting, monitoring, repairing, and maintaining records according to 
the requirements in Sec. Sec.  63.1021 through 63.1039 that apply to 
your affected equipment.
    (d) You must keep records to demonstrate compliance with the 
requirements according to the requirements in Sec.  63.7952.

[[Page 332]]



Sec.  63.7923  What monitoring and work practice standards must I meet
for pressure relief devices?

    (a) For each pressure relief device in remediation material service, 
you must comply with either paragraph (a)(1) or (2) of this section 
following a pressure release actuation event, as applicable.
    (1) If the pressure relief device does not consist of or include a 
rupture disk, return the pressure relief device to the normal operating 
conditions specified in Sec.  63.7920(e) as soon as practicable and 
conduct instrument monitoring by the method specified in Sec.  
63.1004(b) or Sec.  63.1023(b), as applicable, no later than 5 calendar 
days after the pressure release device returns to remediation material 
service following a pressure release actuation event, except as provided 
in Sec.  63.1024(d) or of Sec.  63.1005(c), as applicable.
    (2) If the pressure relief device consists of or includes a rupture 
disk, except as provided in Sec.  63.1024(d) or Sec.  63.1005(c), as 
applicable, install a replacement disk as soon as practicable but no 
later than 5 calendar days after the pressure release actuation event.
    (b) Except for the pressure relief devices described in paragraph 
(e) of this section, you must comply with the requirements of paragraphs 
(c) and (d) of this section for each pressure relief device in 
remediation material service.
    (c) Equip each pressure relief device in remediation material 
service with a device(s) or use a monitoring system sufficient to 
indicate a pressure release to the atmosphere. The device or monitoring 
system may be either specific to the pressure release device itself or 
may be associated with the process system or piping. Examples of these 
types of devices or monitoring systems include, but are not limited to, 
a rupture disk indicator, magnetic sensor, motion detector on the 
pressure relief valve stem, flow monitor, pressure monitor, or 
parametric monitoring system. The device(s) or monitoring systems must 
be capable of meeting the requirements specified in paragraphs (c)(1) 
through (3) of this section.
    (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.
    (d) If any pressure relief device in remediation material service 
releases directly to the atmosphere as a result of a pressure release 
actuation event, follow the requirements of paragraphs (d)(1) through 
(6) of this section.
    (1) Calculate the quantity of HAP listed in Table 1 of this subpart 
released during each pressure release actuation event. Calculations may 
be based on data from the pressure relief device monitoring alone or in 
combination with process parameter monitoring data and process 
knowledge.
    (2) Determine the total number of pressure release actuation events 
that occurred during the calendar year for each pressure relief device.
    (3) Determine the total number of pressure release actuation events 
for each pressure relief device for which the analysis conducted as 
required by paragraph (d)(4) of this section concluded that the pressure 
release was due to a force majeure event, as defined in Sec.  63.7957.
    (4) Complete an analysis to determine the source, nature and cause 
of each pressure release actuation event as soon as practicable, but no 
later than 45 days after a pressure release actuation event.
    (5) Identify corrective measures to prevent future such pressure 
release actuation events as soon as practicable, but no later than 45 
days after a pressure release actuation event.
    (6) Implement the corrective measure(s) identified as required by 
paragraph (d)(5) of this section within 45 days of the pressure release 
actuation event or as soon thereafter as practicable. For corrective 
measures that cannot be fully implemented within 45 days following the 
pressure release actuation event, you must record the corrective 
measure(s) completed to date, and, for measure(s) not already completed, 
a schedule for implementation, including proposed commencement and 
completion dates, no later than 45 days following the pressure release 
actuation event.
    (e) The pressure relief devices listed in paragraphs (e)(1) through 
(6) are not subject to the requirements in paragraph (c) or (d) of this 
section.

[[Page 333]]

    (1) Pressure relief devices designed and operated to route all 
pressure releases through a closed vent system to a drain system meeting 
the requirements of Sec. Sec.  63.7915-63.7918, or to a fuel gas system, 
process or control device meeting the requirements of Sec. Sec.  63.7925 
through 63.7928.
    (2) Pressure relief devices in heavy liquid service, as defined in 
Sec.  63.1001 or Sec.  63.1020, as applicable.
    (3) Thermal expansion relief valves.
    (4) Pilot-operated pressure relief devices where the primary release 
valve is routed through a closed vent system to a control device or back 
into the process, to the fuel gas system, or to a drain system.
    (5) Balanced bellows pressure relief devices where the primary 
release valve is routed through a closed vent system to a control device 
or back into the process, to the fuel gas system, or to a drain system.
    (6) Pressure relief devices on containers, as defined in Sec.  
63.7957.
    (f) Except for the pressure relief devices described in paragraph 
(e) of this section, it is a violation of the requirements of paragraphs 
(c) and (d) of this section for any pressure relief device in 
remediation material service to release directly to the atmosphere as a 
result of a pressure release actuation event(s) described in paragraphs 
(f)(1) through (3) of this section.
    (1) Any pressure release actuation event for which the cause of the 
event determined as required by paragraph (d)(4) of this section was 
determined to be operator error or poor maintenance.
    (2) A second pressure release actuation event, not including force 
majeure events, from a single pressure relief device in a 3 calendar-
year period for the same cause for the same equipment.
    (3) A third pressure release actuation event, not including force 
majeure events, from a single pressure relief device in a 3 calendar-
year period for any reason.

[85 FR 41705, July 10, 2020]

                 Closed Vent Systems and Control Devices



Sec.  63.7925  What emissions limitations and work practice standards must
I meet for closed vent systems and control devices?

    (a) For each closed-vent system and control device you use to comply 
with requirements in Sec. Sec.  63.7890 through 63.7922, as applicable 
to your affected sources, you must meet the emissions limitations and 
work practice standards in this section.
    (b) You must comply with paragraph (b)(2) of this section, and 
paragraph (b)(1) of this section does not apply, if your initial startup 
date is after September 3, 2019. If your initial startup date was on or 
before September 3, 2019, you must comply with paragraph (b)(1) or (2) 
of this section until January 7, 2021, and after that date, you must 
comply with paragraph (b)(2) of this section, and paragraph (b)(1) of 
this section does not apply.
    (1) Whenever gases or vapors containing HAP are vented through the 
closed-vent system to the control device, the control device must be 
operating except at those times listed in either paragraph (b)(1)(i) or 
(ii) of this section.
    (i) The control device may be bypassed for the purpose of performing 
planned routine maintenance of the closed-vent system or control device 
in situations when the routine maintenance cannot be performed during 
periods that the emission point vented to the control device is 
shutdown. On an annual basis, the total time that the closed-vent system 
or control device is bypassed to perform routine maintenance must not 
exceed 240 hours per each calendar year.
    (ii) The control device may be bypassed for the purpose of 
correcting a malfunction of the closed-vent system or control device. 
You must perform the adjustments or repairs necessary to correct the 
malfunction as soon as practicable after the malfunction is detected.
    (2) Whenever gases or vapors containing HAP are vented through the 
closed-vent system to the control device, the control device must be 
operating, except that the control device on

[[Page 334]]

a tank may be bypassed for the purpose of performing planned routine 
maintenance of the control device. When the tank control device is 
bypassed, the owner or operator must comply with paragraphs (b)(2)(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 tank emissions are 
vented to the control device.
    (ii) On an annual basis, the total time that the closed-vent system 
or control device is bypassed to perform routine maintenance must not 
exceed 240 hours per each calendar year.
    (iii) The level of material in the tank must not be increased during 
periods that the closed-vent system or control device is bypassed to 
perform planned routine maintenance.
    (c) For each closed vent system, you must meet the work practice 
standards in Sec.  63.693(c).
    (d) For each control device other than a flare or a control device 
used to comply with the facility-wide process vent emission limits in 
Sec.  63.7890(b), you must control HAP emissions to meet either of the 
emissions limits in paragraphs (d)(1) or (2) of this section except as 
provided for in paragraph (f) of this section.
    (1) Reduce emissions of total HAP listed in Table 1 of this subpart 
or TOC (minus methane and ethane) from each control device by 95 percent 
by weight; or
    (2) Limit the concentration of total HAP listed in Table 1 of this 
subpart or TOC (minus methane and ethane) from each combustion control 
device (a thermal incinerator, catalytic incinerator, boiler, or process 
heater) to 20 ppmv or less on a dry basis corrected to 3 percent oxygen.
    (e) If you use a flare for your control device, then you must meet 
the requirements for flares in Sec.  63.11(b).
    (f) If you use a process heater or boiler for your control device, 
then as alternative to meeting the emissions limits in paragraph (d) of 
this section you may choose to comply with one of the work practice 
standards in paragraphs (f)(1) through (3) of this section.
    (1) Introduce the vent stream into the flame zone of the boiler or 
process heater and maintain the conditions in the combustion chamber at 
a residence time of 0.5 seconds or longer and at a temperature of 760 
[deg]C or higher; or
    (2) Introduce the vent stream with the fuel that provides the 
predominate heat input to the boiler or process heater (i.e., the 
primary fuel); or
    (3) Introduce the vent stream to a boiler or process heater for 
which you either have been issued a final permit under 40 CFR part 270 
and complies with the requirements of 40 CFR part 266, subpart H--
Hazardous Waste Burned in Boilers and Industrial Furnaces; or has 
certified compliance with the interim status requirements of 40 CFR part 
266, subpart H.
    (g) For each control device other than a flare, you must meet each 
operating limit in paragraphs (g)(1) through (6) of this section that 
applies to your control device.
    (1) If you use a regenerable carbon adsorption system, you must:
    (i) Maintain the hourly average total regeneration stream mass flow 
during the adsorption bed regeneration cycle greater than or equal to 
the stream mass flow established in the design evaluation or performance 
test.
    (ii) Maintain the hourly average temperature of the adsorption bed 
during regeneration (except during the cooling cycle) greater than or 
equal to the temperature established during the design evaluation or 
performance test.
    (iii) Maintain the hourly average temperature of the adsorption bed 
after regeneration (and within 15 minutes after completing any cooling 
cycle) less than or equal to the temperature established during the 
design evaluation.
    (iv) Maintain the frequency of regeneration greater than or equal to 
the frequency established during the design evaluation.
    (2) If you use a nonregenerable carbon adsorption system, you must 
maintain the hourly average temperature of the adsorption bed less than 
or equal to the temperature established during the design evaluation or 
performance test.
    (3) If you use a condenser, you must maintain the daily average 
condenser exit temperature less than or equal to the temperature 
established during the design evaluation or performance test.

[[Page 335]]

    (4) If you use a thermal incinerator, you must maintain the daily 
average firebox temperature greater than or equal to the temperature 
established in the design evaluation or during the performance test.
    (5) If you use a catalytic incinerator, you must maintain the daily 
average temperature difference across the catalyst bed greater than or 
equal to the minimum temperature difference established during the 
performance test or design evaluation.
    (6) If you use a boiler or process heater to comply with an emission 
limit in paragraph (d) of this section, you must maintain the daily 
average firebox temperature within the operating level established 
during the design evaluation or performance test.
    (h) If you use a carbon adsorption system as your control, you must 
meet each work practice standard in paragraphs (h)(1) through (3) of 
this section that applies to your control device.
    (1) If you use a regenerable carbon adsorption system, you must:
    (i) Replace the existing adsorbent in each segment of the bed with 
an adsorbent that meets the replacement specifications established 
during the design evaluation before the age of the adsorbent exceeds the 
maximum allowable age established during the design evaluation.
    (ii) Follow the disposal requirements for spent carbon in Sec.  
63.693(d)(4).
    (2) If you use a nonregenerable carbon adsorption system, you must:
    (i) Replace the existing adsorbent in each segment of the bed with 
an adsorbent that meets the replacement specifications established 
during the design evaluation before the age of the adsorbent exceeds the 
maximum allowable age established during the design evaluation.
    (ii) Meet the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) If you use a nonregenerative carbon adsorption system, you may 
choose to comply with the requirements in paragraphs (h)(3)(i) and (ii) 
of this section as an alternative to the requirements in paragraph 
(h)(2) of this section. You must:
    (i) Immediately replace the carbon canister or carbon in the control 
device when the monitoring device indicates breakthrough has occurred 
according to the requirements in Sec.  63.693(d)(4)(iii)(A), or replace 
the carbon canister or carbon in the control device at regular intervals 
according to the requirements in Sec.  63.693(d)(4)(iii)(B).
    (ii) Follow the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (i) If you use a catalytic incinerator, you must replace the 
existing catalyst bed with a bed that meets the replacement 
specifications before the age of the bed exceeds the maximum allowable 
age established in the design evaluation or during the performance test.
    (j) As provided in Sec.  63.6(g), you may request approval from the 
EPA to use an alternative to the work practice standards in this section 
that apply to your closed vent systems and control devices. If you 
request for permission to use an alternative to the work practice 
standards, you must submit the information described in Sec.  
63.6(g)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41706, July 10, 2020]



Sec.  63.7926  How do I demonstrate initial compliance with the emission
limitations and work practice standards for closed vent systems and control
devices?

    (a) You must demonstrate initial compliance with the emissions 
limitations and work practice standards in this subpart applicable to 
your closed vent system and control device by meeting the requirements 
in paragraphs (b) through (h) of this section that apply to your closed 
vent system and control device.
    (b) You must demonstrate initial compliance with the closed vent 
system work practice standards in Sec.  63.7925(c) if you have submitted 
as part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have met the requirements in 
paragraphs (b)(1) and (2) of this section.
    (1) You have installed a closed vent system that meets the 
requirements in Sec.  63.695(c)(1) and (2), and you have records 
documenting the equipment design and installation.
    (2) You have performed the initial inspection of the closed vent 
system according to the requirements in Sec.  63.695(c)(1)(i) or (ii), 
and you have

[[Page 336]]

records documenting the inspection results.
    (c) You must demonstrate initial compliance of each control device 
subject to the emissions limits in Sec.  63.7925(d) with the applicable 
emissions limit in Sec.  63.7925(d) if you have submitted as part of 
your notification of compliance status, specified in Sec.  63.7950, a 
signed statement that you have met the requirements in paragraphs (c)(1) 
and (2) of this section that apply to you.
    (1) For the emissions limit in Sec.  63.7925(d)(1), the emissions of 
total HAP listed in Table 1 of this subpart or TOC (minus methane and 
ethane) from the control device, measured or determined according to the 
procedures for performance tests and design evaluations in Sec.  
63.7941, are reduced by at least 95 percent by weight.
    (2) For the emissions limit in Sec.  63.7925(d)(2), the 
concentration of total HAP listed in Table 1 of this subpart or TOC 
(minus methane and ethane) from the combustion control device, measured 
by a performance test or determined by a design evaluation according to 
the procedures in Sec.  63.7941, do not exceed 20 ppmv on a dry basis 
corrected to 3 percent oxygen.
    (d) You must demonstrate initial compliance of each control device 
subject to operating limits in Sec.  63.7925(g) with the applicable 
limits if you have submitted as part of your notification of compliance 
status, specified in Sec.  63.7950, a signed statement that you have met 
the requirements in paragraphs (d)(1) and (2) of this section.
    (1) You have established an appropriate operating limit(s) for each 
of the operating parameter applicable to your control device as 
specified in Sec.  63.7925(g)(1) through (6).
    (2) You have a record of the applicable operating parameter data 
during the performance test or design evaluation during which the 
emissions met the applicable limit.
    (e) You must demonstrate initial compliance with the spent carbon 
replacement and disposal work practice standards for carbon adsorption 
systems in Sec.  63.7925(h) if you have submitted as part of your 
notification of compliance status, specified in Sec.  63.7950, a signed 
statement that you will comply with each work practice standard that 
applies to your carbon adsorption system.
    (f) You must demonstrate initial compliance with the catalyst 
replacement work practice standards for catalytic incinerators in Sec.  
63.7925(i) if you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you will comply with the specified work practice standard.
    (g) You must demonstrate initial compliance of each flare with the 
work practice standards in Sec.  63.7925(e) if you have submitted as 
part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have met the requirements in 
paragraphs (g)(1) through (3) of this section.
    (1) Each flare meets the requirements in Sec.  63.11(b).
    (2) You have performed a visible emissions test, determined the net 
heating value of gas being combusted, and determined the flare exit 
velocity as required in Sec.  63.693(h)(2).
    (3) You will operate each flare according to the requirements in 
Sec.  63.11(b).
    (h) You must demonstrate initial compliance of each boiler or 
process heater with the work practice standards in Sec.  63.7925(f) if 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (h)(1) through (3) of this section.
    (1) For the work practice standards in Sec.  63.7925(f)(1), you have 
records documenting that the boiler or process heater is designed to 
operate at a residence time of 0.5 seconds or greater and maintain the 
combustion zone temperature at 760 [deg]C or greater.
    (2) For the work practice standard in Sec.  63.7925(f)(2), you have 
records documenting that the vent stream is introduced with the fuel 
according to the requirements in Sec.  63.693(g)(1)(iv), or that the 
vent stream is introduced to a boiler or process heater that meets the 
requirements in Sec.  63.693(g)(1)(v).
    (3) For the work practice standard in Sec.  63.7925(f)(3), you have 
records documenting you either have been issued a final permit under 40 
CFR part 270 and your boiler or process heater complies

[[Page 337]]

with the requirements of 40 CFR part 266, subpart H--Hazardous Waste 
Burned in Boilers and Industrial Furnaces; or has been certified in 
compliance with the interim status requirements of 40 CFR part 266, 
subpart H.



Sec.  63.7927  What are my inspection and monitoring requirements for
closed vent systems and control devices?

    (a) You must comply with the requirements in paragraphs (a)(1) and 
(2) of this section for each closed vent system.
    (1) You must monitor and inspect each closed vent system according 
to the requirements in either paragraph (a)(1)(i) or (ii) of this 
section.
    (i) You must monitor, inspect, and repair defects according to the 
requirements in Sec.  63.695(c)(1)(ii) through (c)(3); or
    (ii) You must monitor and inspect the closed vent system according 
to the requirements in Sec.  63.172(f) through (j) and record the 
information in Sec.  63.181.
    (2) If your closed vent system includes a bypass device, you must 
meet the requirements in either paragraph (a)(2)(i) or (ii) of this 
section.
    (i) Use a flow indicator to determine if the presence of flow 
according to the requirements in Sec.  63.693(c)(2)(i); or
    (ii) Use a seal or locking device and make monthly inspections as 
required by Sec.  63.693(c)(2)(ii).
    (b) If you use a regenerable carbon adsorption system, you must meet 
the requirements in paragraphs (b)(1) through (3) of this section.
    (1) Use a continuous parameter monitoring system (CPMS) to measure 
and record the hourly average total regeneration stream mass flow during 
each carbon adsorption cycle.
    (2) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed during regeneration (except during the cooling 
cycle).
    (3) Use a CPMS to measure and record the hourly average temperature 
of the adsorption bed after regeneration (and within 15 minutes after 
completing any cooling cycle).
    (c) If you use a nonregenerable carbon adsorption system, you must 
use a CPMS to measure and record the hourly average temperature of the 
adsorption bed or you must monitor the concentration of organic 
compounds in the exhaust vent stream according to the requirements in 
Sec.  63.693(d)(4)(iii)(A).
    (d) If you use a condenser, you must use a CPMS to measure and 
record the hourly average condenser exit temperature and determine and 
record the daily average condenser exit temperature.
    (e) If you use a thermal incinerator, you must use a CPMS to measure 
and record the hourly average firebox temperature and determine and 
record the daily average firebox temperature.
    (f) If you use a catalytic incinerator, you must use a CPMS with two 
temperature sensors to measure and record the hourly average temperature 
at the inlet of the catalyst bed, the hourly average temperature at the 
outlet of the catalyst bed, the hourly average temperature difference 
across the catalyst bed, and to determine and record the daily average 
temperature difference across the catalyst bed.
    (g) If you use a boiler or process heater to meet an emission 
limitation, you must use a CPMS to measure and record the hourly average 
firebox temperature and determine and record the daily average firebox 
temperature.
    (h) If you use a flare, you must monitor the operation of the flare 
using a heat sensing monitoring device according to the requirements in 
Sec.  63.693(h)(3).
    (i) If you introduce the vent stream into the flame zone of a boiler 
or process heater according to the requirements in Sec.  63.7925(f)(1), 
you must use a CPMS to measure and record the combustion zone 
temperature.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec.  63.7928  How do I demonstrate continuous compliance with the
emissions limitations and work practice standards for closed vent systems
and control devices?

    (a) You must demonstrate continuous compliance with the emissions 
limitations and work practice standards in this subpart applicable to 
your closed vent system and control device by meeting the requirements 
in paragraphs (b) through (j) of this section as applicable to your 
closed vent system and control device.

[[Page 338]]

    (b) You must demonstrate continuous compliance with the closed vent 
system work practice standards in Sec.  63.7925(c) by meeting the 
requirements in paragraphs (b)(1) through (7) of this section.
    (1) For a closed vent system designed to operate with no detectable 
organic emissions, visually inspecting the closed vent system at least 
annually, monitoring after a repair or replacement using the procedures 
in Sec.  63.694(k), and monitoring at least annually according to the 
requirements in Sec.  63.695(c)(1)(ii).
    (2) For a closed vent system designed to operate below atmospheric 
pressure, visually inspecting the closed vent system at least annually 
according to the requirements in Sec.  63.695(c)(2)(ii).
    (3) Repairing defects according to the requirements in Sec.  
63.695(c)(3).
    (4) Keeping records of each inspection that include the information 
in paragraphs (b)(4)(i) through (iii) of this section:
    (i) A closed vent system identification number (or other unique 
identification description you select).
    (ii) Date of each inspection.
    (iii) If a defect is detected during an inspection, the location of 
the defect, a description of the defect, the date of detection, the 
corrective action taken to repair the defect, and if repair is delayed, 
the reason for any delay and the date completion of the repair is 
expected.
    (5) If you elect to monitor the closed vent system according to the 
requirements in Sec.  63.172(f) through (j), recording the information 
in Sec.  63.181.
    (6) If the closed vent system is equipped with a flow indicator, 
recording the information in Sec.  63.693(c)(2)(i).
    (7) If the closed vent system is equipped with a seal or locking 
device, visually inspecting the seal or closure mechanism at least 
monthly according to the requirements in Sec.  63.693(c)(2)(ii), and 
recording the results of each inspection.
    (c) You must demonstrate continuous compliance of each control 
device subject to the emissions limits in Sec.  63.7925(d) with the 
applicable emissions limit in Sec.  63.7925(d) by meeting the 
requirements in paragraph (c)(1) or (2) of this section.
    (1) For the emission limit in Sec.  63.7925(d)(1), maintaining the 
reduction in emissions of total HAP listed in Table 1 of this subpart or 
TOC (minus methane and ethane) from the control device at 95 percent by 
weight or greater.
    (2) For the emission limit in Sec.  63.7925(d)(2), maintaining the 
concentration of total HAP listed in Table 1 of this subpart or TOC 
(minus methane and ethane) from the control device at 20 ppmv or less.
    (d) You must demonstrate continuous compliance of each control 
device subject to operating limits in Sec.  63.7925(g) with the 
applicable limits by meeting the requirements in paragraphs (d)(1) 
through (4) of this section.
    (1) Maintaining each operating limit according to the requirements 
in Sec.  63.7925(g) as applicable to the control device.
    (2) Monitoring and inspecting each control device according to the 
requirements in Sec.  63.7927(b) through (i) as applicable to the 
control device.
    (3) Operating and maintaining each continuous monitoring system 
according to the requirements in Sec.  63.7945, and collecting and 
reducing data according to the requirements in Sec.  63.7946.
    (4) Keeping records to document compliance with the requirements of 
this subpart according to the requirements in Sec.  63.7952.
    (e) You must demonstrate continuous compliance with the spent carbon 
replacement and disposal work practice standards for regenerable carbon 
adsorption systems in Sec.  63.7925(h)(1) by meeting the requirements in 
paragraphs (e)(1) through (3) of this section.
    (1) Replacing the adsorbent as required by Sec.  63.7925(h)(1)(i).
    (2) Following the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (f) You must demonstrate continuous compliance with the spent carbon 
replacement and disposal work practice standards for nonregenerable 
carbon adsorption systems in Sec.  63.7925(h)(2) by meeting the 
requirements in paragraphs (f)(1) through (3) of this section.

[[Page 339]]

    (1) Replacing the adsorbent as required by the work practice 
standard in Sec.  63.7925(h)(2)(i).
    (2) Following the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (g) You must demonstrate continuous compliance with the spent carbon 
replacement and disposal work practice standards for nonregenerable 
carbon adsorption systems in Sec.  63.7925(h)(3) by meeting the 
requirements in paragraphs (g)(1) through (3) of this section.
    (1) Monitoring the concentration level of the organic compounds in 
the exhaust vent for the carbon adsorption system as required in Sec.  
63.7927(c), immediately replacing the carbon canister or carbon in the 
control device when breakthrough is indicated by the monitoring device, 
and recording the date of breakthrough and carbon replacement. Or, you 
must replace the carbon canister or carbon in the control device at 
regular intervals and record the date of carbon replacement.
    (2) Following the disposal requirements for spent carbon in Sec.  
63.693(d)(4)(ii).
    (3) Keeping records to document compliance with the requirements of 
the work practice standards.
    (h) You must demonstrate continuous compliance with the catalyst 
replacement work practice standards for catalytic incinerators in Sec.  
63.7925(i) by meeting the requirements in paragraphs (h)(1) and (2) of 
this section.
    (1) Replacing the existing catalyst bed as required in Sec.  
63.7925(i).
    (2) Keeping records to document compliance with the requirements of 
the work practice standards.
    (i) You must demonstrate continuous compliance of each flare with 
the work practice standards in Sec.  63.7925(e) by meeting the 
requirements in paragraphs (i)(1) through (5) of this section.
    (1) Operating the flare with no visible emissions except for up to 5 
minutes in any 2 consecutive hours according to the requirements in 
Sec.  63.11(b)(4).
    (2) Monitoring the presence of a pilot flare according to the 
requirements in Sec.  63.7927(h) and maintaining a pilot flame and flare 
flame at all times that emissions are not vented to the flare according 
to the requirements in Sec.  63.11(b)(5).
    (3) Operating the flare with an exit velocity according to the 
requirements in Sec.  63.11(b)(6) through (8).
    (4) Operating the flare with a net heating value of the gas being 
combusted according to the requirements in Sec.  63.11(b)(6)(ii).
    (5) Keeping records to document compliance with the requirements of 
the work practice standards.
    (j) You must demonstrate continuous compliance of each boiler or 
process heater with the work practice standards in Sec.  63.7925(f) by 
meeting the requirements in paragraphs (j)(1) through (3) of this 
section.
    (1) For the work practice standards in Sec.  63.7925(f)(1), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraphs (j)(1)(i) through (iv).
    (i) Maintaining conditions in the combustion chamber at a residence 
time of 0.5 seconds or longer and at a combustion zone temperature at 
760 [deg]C or greater whenever the vent stream is introduced to the 
flame zone of the boiler or process heater.
    (ii) Monitoring each boiler or process heater according to the 
requirements in Sec.  63.7927(i).
    (iii) Operating and maintaining each continuous monitoring system 
according to the requirements in Sec.  63.7945, and collecting and 
reducing data according to the requirements in Sec.  63.7946.
    (iv) Keeping records to document compliance with residence time 
design requirement.
    (2) For the work practice standards in Sec.  63.7925(f)(2), you 
maintain the boiler or process heater operations such that the vent 
stream is introduced with the fuel according to the requirements in 
Sec.  63.693(g)(1)(iv), or that the vent stream is introduced to a 
boiler or process heater that meets the requirements in Sec.  
63.693(g)(1)(v).
    (3) For the work practice standard in Sec.  63.7925(f)(3), you 
remain in compliance with all terms and conditions of the final permit 
under 40 CFR part 270 and your boiler or process heater complies with 
the requirements of 40 CFR part 266, subpart H--Hazardous Waste

[[Page 340]]

Burned in Boilers and Industrial Furnaces; or in compliance with the 
interim status requirements of 40 CFR part 266, subpart H, as applicable 
to your boiler or process heater.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

                     General Compliance Requirements



Sec.  63.7935  What are my general requirements for complying with this
subpart?

    (a) If your initial startup was on or before September 3, 2019, you 
must be in compliance with the emissions limitations (including 
operating limits) and the work practice standards in this subpart at all 
times, except, until January 6, 2021, during periods of startup, 
shutdown, and malfunction. If your initial startup was after September 
3, 2019, then as of July 10, 2020, and for all sources, after January 6, 
2021, you must be in compliance with the emission limitations (including 
operating limits) and the work practice standards in this subpart at all 
times.
    (b) If your initial startup was on or before September 3, 2019, then 
until January 6, 2021, you must operate and maintain your affected 
source, including air pollution control and monitoring equipment, 
according to the provisions in Sec.  63.6(e)(1)(i). If your initial 
startup was after September 3, 2019, then as of July 10, 2020, and for 
all sources after January 6, 2021, at all times, you must operate and 
maintain any affected source, including associated air pollution control 
equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. The 
general duty to minimize emissions does not require you to make any 
further efforts to reduce emissions if levels required by 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.
    (c) If your initial startup date was on or before September 3, 2019, 
then until January 6, 2021, you must develop a written startup, 
shutdown, and malfunction plan (SSMP) according to the provisions in 
Sec.  63.6(e)(3), and a SSMP is not required after January 6, 2021. No 
SSMP is required for any source for which the initial startup date is 
after September 3, 2019.
    (d) [Reserved]
    (e) You must report each instance in which you did not meet each 
emissions limitation and each operating limit that applies to you. You 
must also report each instance in which you did not meet the 
requirements for work practice standards that apply to you. These 
instances are deviations from the emissions limitations and work 
practice standards in this subpart. These deviations must be reported 
according to the requirements in Sec.  63.7951.
    (f) If your initial start date was on or before September 3, 2019, 
consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), then until January 6, 
2021, deviations that occur during a period of startup, shutdown, or 
malfunction are not violations if you demonstrate to the Administrator's 
satisfaction that you were operating in accordance with Sec.  
63.6(e)(1). We will determine whether deviations that occur during a 
period of startup, shutdown, or malfunction are violations, according to 
the provisions in Sec.  63.6(e). If your initial startup was after 
September 3, 2019, then as of July 10, 2020, and for all sources after 
January 6, 2021, you must be in compliance with the emission limitations 
in this subpart at all times (unless a longer timeframe for compliance 
is expressly provided in this subpart), and we will determine whether 
deviations that occur during a period of startup, shutdown, or 
malfunction are violations according to the provisions in Sec.  
63.7935(a) and (b).
    (g) For each monitoring system required in this section, you must 
develop and make available for inspection by the permitting authority, 
upon request, a site-specific monitoring plan that addresses the 
following:
    (1) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process

[[Page 341]]

unit such that the measurement is representative of control of the 
exhaust emissions (e.g., on or downstream of the last control device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (4) Continuous monitoring system (CMS) operation and maintenance 
requirements in accordance with Sec.  63.7945.
    (5) CMS data collection in accordance with Sec.  63.7946.
    (h) In your site-specific monitoring plan, you must also address the 
following:
    (1) If your initial startup was on or before September 3, 2019, then 
until January 6, 2021, you must address ongoing operation and 
maintenance (O&M) procedures in accordance with the general requirements 
of Sec.  63.8(c)(1), (3), (4)(ii), (7), and (8). If your initial startup 
was after September 3, 2019, then as of July 10, 2020, and for all 
sources after January 6, 2021, you must address ongoing O&M procedures 
in accordance with the general requirements of Sec.  63.8(c)(1)(ii), 
(c)(3), (c)(4)(ii), and (c)(7) and (8).
    (2) If your initial startup was on or before September 3, 2019, then 
until January 6, 2021, you must address ongoing data quality assurance 
procedures in accordance with the general requirements of Sec.  63.8(d). 
If your initial startup was after September 3, 2019, then as of July 10, 
2020, and for all sources after January 6, 2021, you must address 
ongoing data quality assurance procedures in accordance with the general 
requirements of Sec.  63.8(d) except for the requirements related to 
startup, shutdown, and malfunction plans referenced in Sec.  63.8(d)(3). 
The owner or operator shall keep these written procedures on record for 
the life of the affected source or until the affected source is no 
longer subject to the provisions of this part, to be made available for 
inspection, upon request, by the Administrator. If the performance 
evaluation plan is revised, the owner or operator shall keep previous 
(i.e., superseded) versions of the performance evaluation plan on record 
to be made available for inspection, upon request, by the Administrator, 
for a period of 5 years after each revision to the plan. The program of 
corrective action should be included in the plan required under Sec.  
63.8(d)(2).
    (3) If your initial startup was on or before September 3, 2019, then 
until January 6, 2021, you must address ongoing recordkeeping and 
reporting procedures in accordance with the general requirements of 
Sec.  63.10(c), (e)(1), and (e)(2)(i). If your initial startup was after 
September 3, 2019, then as of July 10, 2020, and for all sources after 
January 6, 2021, you must address ongoing recordkeeping and reporting 
procedures in accordance with the general requirements of Sec.  
63.10(c)(1) through (14), (e)(1), and (e)(2)(i).
    (i) You must operate and maintain the continuous monitoring system 
according to the site-specific monitoring plan.
    (j) You must conduct a performance evaluation of each continuous 
monitoring according to your site-specific monitoring plan.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71 
FR 69018, Nov. 29, 2006; 85 FR 41707, July 10, 2020]



Sec.  63.7936  What requirements must I meet if I transfer remediation 
material off-site to another facility?

    (a) If you transfer to another facility a remediation material 
generated by your remediation activities and having an average total 
VOHAP concentration equal to or greater than 10 ppmw (as determined 
using the procedures specified in Sec.  63.7943), then you must transfer 
the remediation material to a facility that meets the requirements in 
paragraph (b) of this section. You must record the name, street address, 
and telephone number of the facility where you send this remediation 
material.
    (b) You may elect to transfer the remediation material to one of the 
following facilities:
    (1) A facility where your remediation material will be directly 
disposed in a landfill or other land disposal unit according to all 
applicable Federal and State requirements.
    (2) A facility subject to 40 CFR part 63, subpart DD where the 
exemption

[[Page 342]]

under Sec.  63.680(b)(2)(iii) is waived and air emissions from the 
management of your remediation material at the facility are controlled 
according to all applicable requirements in the subpart for an off-site 
material. Prior to sending your remediation material, you must obtain a 
written statement from the owner or operator of the facility to which 
you send your remediation material acknowledging that the exemption 
under Sec.  63.680(b)(2)(iii) will be waived for all remediation 
material received at the facility from you and your material will be 
managed as an off-site material at the facility according to all 
applicable requirements. This statement must be signed by the 
responsible official of the receiving facility, provide the name and 
address of the receiving facility, and a copy sent to the appropriate 
EPA Regional Office at the addresses listed in 40 CFR 63.13.
    (3) A facility where your remediation material will be managed 
according to all applicable requirements under this Subpart.
    (i) You must prepare and include a notice with each shipment or 
transport of remediation material from your site. This notice must state 
that the remediation material contains organic HAP that are to be 
treated according to the provisions of this subpart. When the transport 
is continuous or ongoing (for example, discharge to a publicly owned 
treatment works), the notice must be submitted to the receiving facility 
owner or operator initially and whenever there is a change in the 
required treatment.
    (ii) You may not transfer the remediation material unless the owner 
or operator of the facility receiving your remediation material has 
submitted to the EPA a written certification that he or she will manage 
remediation material received from you according to the requirements of 
Sec. Sec.  63.7885 through 63.7957. The receiving facility owner or 
operator may revoke the written certification by sending a written 
statement to the EPA and to you providing at least 90 days notice that 
they rescind acceptance of responsibility for compliance with the 
regulatory provisions listed in this section. Upon expiration of the 
notice period, you may not transfer your remediation material to the 
facility.
    (iii) By providing the written certification to the EPA, the 
receiving facility owner or operator accepts responsibility for 
compliance with the regulatory provisions listed in paragraph (b)(3) of 
this section with respect to any shipment of remediation material 
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 according to the 
enforcement provisions applicable to violations of these provisions by 
owners or operators of sources.
    (iv) Written certifications and revocation statements to the EPA 
from the receiving facility owner or operator must be signed by the 
responsible official of the receiving facility, provide the name and 
address of the receiving facility, and a copy sent to the appropriate 
EPA Regional Office at the addresses listed in 40 CFR 63.13. Such 
written certifications are not transferable.
    (c) Acceptance by a facility owner or operator of remediation 
material from a site remediation subject to this Subpart does not, by 
itself, require the facility owner or operator to obtain a title V 
permit under 40 CFR 70.3 or 40 CFR 71.3.



Sec.  63.7937  How do I demonstrate initial compliance with the general
standards?

    (a) You must demonstrate initial compliance with the general 
standards in Sec. Sec.  63.7884 through 63.7887 that apply to your 
affected sources by meeting the requirements in paragraphs (b) through 
(d) of this section, as applicable to you.
    (b) You must demonstrate initial compliance with the general 
standards in Sec.  63.7885 that apply to your affected process vents by 
meeting the requirements in paragraphs (b)(1) through (4) of this 
section, as applicable to your process vents.
    (1) If HAP emissions are controlled from the affected process vents 
according to the emission limitations and work practice standards 
specified in Sec.  63.7885(b)(1), you have met the initial compliance 
requirements in Sec.  63.7891.

[[Page 343]]

    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec.  63.7885(b)(2), you have submitted 
as part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have determined, according to the 
procedures Sec.  63.7943, and recorded the average VOHAP concentration 
of the remediation material placed in the affected remediation material 
management unit.
    (3) If HAP emissions are controlled from the affected process vents 
to meet standards in another subpart under 40 CFR part 61 or 40 CFR part 
63 according to Sec.  63.7885(b)(3), you have submitted as part of your 
notification of compliance status, specified in Sec.  63.7950, a signed 
statement that you have met the requirements in paragraphs (b)(3)(i) and 
(ii) of this section.
    (i) You include in your statement the citations for the specific 
emission limitations and work practice standards that apply to the 
process vents under the subpart in 40 CFR part 61 or 40 CFR part 63 that 
the vents are also subject.
    (ii) You are complying with all applicable emissions limitations and 
work practice standards specified by the applicable subpart.
    (4) For each process vent exempted according to Sec.  63.7885(c), 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (b)(4)(i) and (ii) of this section.
    (i) You identify in your statement each process vent that qualifies 
for an exemption and the exemption conditions in Sec.  63.7885(c)(1)(i) 
or (ii) that apply to each exempted process vent.
    (ii) You have performed the measurements and prepared the 
documentation required in Sec.  63.7885(c)(2) that demonstrates that 
each exempted process vent stream meets the applicable exemption 
conditions in Sec.  63.7885(c)(1).
    (c) You must demonstrate initial compliance with the general 
standards in Sec.  63.7886 that apply to your affected remediation 
material management units by meeting the requirements in paragraphs 
(c)(1) through (6) of this section, as applicable to your remediation 
material management units.
    (1) If the remediation material management unit uses air pollution 
controls according to the standards specified in Sec.  63.7886(b)(1), 
you have met the initial compliance requirements applicable to the 
remediation material management unit in Sec. Sec.  63.7896, 63.7901, 
63.7906, 63.7911, or 63.7816.
    (2) If the remediation material managed in the affected remediation 
material management unit has an average total VOHAP concentration less 
than 500 ppmw according to Sec.  63.7886(b)(2), you have submitted as 
part of your notification of compliance status, specified in Sec.  
63.7950, a signed statement that you have determined, according to the 
procedures in Sec.  63.7943, and recorded the average VOHAP 
concentration of the remediation material placed in the affected 
remediation material management unit.
    (3) If HAP emissions are controlled from the affected remediation 
material management units to meet standards in another subpart under 40 
CFR part 61 or 40 CFR part 63 according to Sec.  63.7886(b)(3), you have 
submitted as part of your notification of compliance status, specified 
in Sec.  63.7950, a signed statement that you have met the requirements 
in paragraphs (c)(3)(i) and (ii) of this section.
    (i) You include in your statement the citations for the specific 
emission limitations and work practice standards that apply to the 
remediation material management units under the subpart in 40 CFR part 
61 or 40 CFR part 63 that the units are also subject.
    (ii) You are complying with all applicable emissions limitations and 
work practice standards specified by the applicable subpart.
    (4) If HAP emissions are controlled from the affected remediation 
material management unit that is an open tank or surface impoundment 
used for a biological treatment process according to Sec.  
63.7886(b)(4), you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(4)(i) and (ii) of this 
section.
    (i) You have performed the measurements and prepared the 
documentation

[[Page 344]]

required in Sec.  63.7886(b)(4)(i) that demonstrates that each unit 
meets the applicable performance levels.
    (ii) You will monitor the biological treatment process conducted in 
each unit according to the requirements in Sec.  63.684(e)(4).
    (5) For each remediation material management unit used for cleanup 
of radioactive mixed waste and exempted according to Sec.  63.7886(c), 
you have submitted as part of your notification of compliance status, 
specified in Sec.  63.7950, a signed statement that you have met the 
requirements in paragraphs (c)(5)(i) and (ii) of this section.
    (i) You include in your statement the citations for the specific 
requirements that apply to the remediation material management units 
under regulations, directives, and other requirements under the Atomic 
Energy Act, the Nuclear Waste Policy Act, or the Waste Isolation Pilot 
Plant Land Withdrawal Act.
    (ii) You are complying with all requirements that apply to the 
remediation material management units under the applicable regulations 
or directives.
    (6) For each remediation material management unit exempted according 
to Sec.  63.7886(d), you have submitted as part of your notification of 
compliance status, specified in Sec.  63.7950, a signed statement that 
you have met the requirements in paragraphs (c)(6)(i) and (ii) of this 
section.
    (i) You have designated according to the requirements in Sec.  
63.7886(d)(1) each of the remediation material management units you are 
selecting to be exempted.
    (ii) You have performed an initial determination and prepared the 
documentation required in Sec.  63.7886(d)(2) that demonstrates that the 
total annual HAP quantity (based on the HAP listed in Table 1 of this 
subpart) in the remediation material placed in all of the designated 
exempted remediation material management units will be less than 1 Mg/
yr.
    (d) You must demonstrate initial compliance with the general 
standards in Sec.  63.7887 that apply to your affected equipment leak 
sources by meeting the requirements in Sec.  63.7921.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]



Sec.  63.7938  How do I demonstrate continuous compliance with the general
standards?

    (a) You must demonstrate continuous compliance with the general 
standards in Sec. Sec.  63.7884 through 63.7887 that apply to your 
affected sources by meeting the requirements in paragraphs (b) through 
(d) of this section, as applicable to you.
    (b) You have demonstrated continuous compliance with the general 
standards in Sec.  63.7885 that apply to your affected process vents by 
meeting the requirements in paragraphs (b)(1) through (4) of this 
section, as applicable to your process vents.
    (1) If HAP emissions are controlled from the affected process vents 
according to the emission limitations and work practice standards 
specified in Sec.  63.7885(b)(1), you must demonstrate continuous 
compliance by meeting the requirements in Sec.  63.7893.
    (2) If the remediation material treated or managed by the process 
vented through the affected process vents has an average total VOHAP 
less than 10 ppmw according to Sec.  63.7885(c)(1), you must demonstrate 
continuous compliance by performing a new determination and preparing 
new documentation as required in Sec.  63.7885(c)(2) to show that the 
total VOHAP concentration of the remediation material remains less than 
10 ppmw.
    (3) If HAP emissions are controlled from the affected process vents 
to meet standards in another subpart under 40 CFR part 61 or 40 CFR part 
63 according to Sec.  63.7885(b)(3), you must demonstrate continuous 
compliance by complying with all applicable emissions limitations and 
work practice standards specified by the applicable subpart.
    (4) For each process vent exempted according to Sec.  63.7885(c), 
you must demonstrate continuous compliance by performing new 
measurements and preparing new documentation as required in Sec.  
63.7885(c)(2) that demonstrates that each exempted process vent stream

[[Page 345]]

meets the applicable exemption conditions in Sec.  63.7885(c)(1).
    (c) You must demonstrate continuous compliance with the general 
standards in Sec.  63.7886 that apply to your affected remediation 
material management units by meeting the requirements in paragraphs 
(c)(1) through (6) of this section, as applicable to your remediation 
material management units.
    (1) If the remediation material management unit uses air pollution 
controls according to the standards specified in Sec.  63.7886(b)(1), 
you must demonstrate continuous compliance by meeting the requirements 
applicable to the remediation material management unit in Sec. Sec.  
63.7898, 63.7903, 63.7908, 63.7913, or 63.7818.
    (2) If the remediation material managed in the affected remediation 
material managements has an average total VOHAP concentration less than 
500 ppmw according to Sec.  63.7886(b)(2), you must demonstrate 
continuous compliance by performing a new determination and preparing 
new documentation as required in Sec.  63.7886(c)(2) to show that the 
total VOHAP concentration of the remediation material remains less than 
500 ppmw.
    (3) If HAP emissions are controlled from the affected remediation 
material management units to meet standards in another subpart under 40 
CFR part 61 or 40 CFR part 63 according to Sec.  63.7886(b)(3), you must 
demonstrate continuous compliance by meeting all applicable emissions 
limitations and work practice standards specified by the applicable 
subpart.
    (4) If HAP emissions are controlled from the affected remediation 
material management unit that is an open tank or surface impoundment 
used for a biological treatment process according to Sec.  
63.7886(b)(4), you must demonstrate continuous compliance by meeting the 
requirements in paragraphs (c)(4)(i) and (ii) of this section.
    (i) Performing new measurements and preparing new documentation as 
required in Sec.  63.7886(4)(i) that demonstrates that each unit meets 
the applicable performance levels.
    (ii) Monitoring the biological treatment process conducted in each 
unit according to the requirements in Sec.  63.7886(4)(i).
    (5) For each remediation material management unit used for cleanup 
of radioactive mixed waste and exempted according to Sec.  63.7886(c), 
you must demonstrate continuous compliance by meeting all requirements 
that apply to the remediation material management units under the 
applicable regulations or directives.
    (6) For each remediation material management unit exempted according 
to Sec.  63.7886(d), you must demonstrate continuous compliance by 
performing new measurements and preparing new documentation as required 
in Sec.  63.7886(d)(2) to show that the total annual HAP quantity (based 
on the HAP listed in Table 1 of this subpart) in the remediation 
material placed in all of the designated exempted remediation material 
management units remains less than 1 Mg/yr.
    (d) You have demonstrated continuous compliance with the general 
standards in Sec.  63.7887 that apply to your affected equipment leak 
sources by meeting the requirements in Sec.  63.7923.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006]

                            Performance Tests



Sec.  63.7940  By what date must I conduct performance tests or other
initial compliance demonstrations?

    (a) You must conduct a performance test or design evaluation for 
each existing affected source within 180 calendar days after the 
compliance date that is specified in Sec.  63.7883.
    (b) For each work practice standard that applies to you where 
initial compliance is not demonstrated using a performance test or 
design evaluation, you must demonstrate initial compliance within 30 
calendar days after the compliance date that is specified in Sec.  
63.7883 for your affected source.
    (c) For new sources, you must conduct initial performance tests and 
other initial compliance demonstrations according to the provisions in 
Sec.  63.7(a)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]

[[Page 346]]



Sec.  63.7941  How do I conduct a performance test, design evaluation,
or other type of initial compliance demonstration?

    (a) You must conduct a performance test or design evaluation to 
demonstrate initial compliance for each new or existing affected source 
that is subject to an emission limit in this subpart. You must report 
the results of the performance test or design evaluation according to 
the requirements in Sec.  63.7950(e)(1).
    (b) If you choose to conduct a performance test to demonstrate 
initial compliance, you must conduct the test according to the 
requirements in Sec.  63.7(e)(1) and paragraphs (b) (1) through (5) of 
this section.
    (1) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec.  63.7(e)(3). Each 
test run must last at least 1 hour.
    (2) If your initial startup date was on or before September 3, 2019, 
then until January 6, 2021, you must conduct each performance test under 
representative conditions according to the requirements in Sec.  
63.7(e)(1). If your initial startup date is after September 3, 2019, 
then as of July 10, 2020, and for all sources after January 6, 2021, you 
must conduct each performance test under conditions representative of 
normal operations. You may not conduct performance tests during periods 
of startup, shutdown, or 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.
    (3) You must conduct each performance test using the test methods 
and procedures in Sec.  63.694(l).
    (4) Follow the procedures in paragraphs (b)(4)(i) through (iii) of 
this section to determine compliance with the facility-wide total 
organic mass emissions rate in Sec.  63.7890(b).
    (i) Determine compliance with the total organic mass flow rate using 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.000

Where:

Eh = Total organic mass flow rate, kg/h;
Qsd = Volumetric flow rate of gases entering or exiting 
          control device (or exiting the process vent if no control 
          device is used), as determined by Method 2 of 40 CFR part 60, 
          appendix A, dscm/h;
n = Number of organic compounds in the vent gas;
Ci = Organic concentration in ppm, dry basis, of compound i 
          in the vent gas, as determined by Method 18 of 40 CFR part 60, 
          appendix A;
MWi = Molecular weight of organic compound i in the vent 
          gas,kg/kg-mol;

    (ii) Determine compliance with the annual total organic emissions 
rate using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.001

Where:

EA = Total organic mass emissions rate, kilograms per year;
Eh = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operation for the affected unit, h.

    (iii) Determine compliance with the total organic emissions limit 
from all affected process vents at the facility by summing the total 
hourly organic mass emissions rates (Eh as determined in 
Equation 1 of this section) and summing the total annual organic mass 
emissions rates (EA, as determined in Equation 2 of this 
section) for all affected process vents at the facility.
    (5) Determine compliance with the 95 percent reduction limit in 
Sec.  63.7890(a)(2)(i) for the combination of

[[Page 347]]

all affected process vents at the facility using Equations 3 and 4 of 
this section to calculate control device inlet and outlet concentrations 
and Equation 5 of this section to calculate control device emission 
reductions for process vents as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC03.002

[GRAPHIC] [TIFF OMITTED] TR08OC03.003

Where:

Cij, Coj = Concentration of sample component j of 
          the gas stream at the inlet and outlet of the control device, 
          dry basis, parts per million by volume. For uncontrolled 
          vents, Cij = Coj and equal the 
          concentration exiting the vent;
Ei, Eo = Mass rate of total organic compounds 
          (TOC) (minus methane and ethane) or total HAP, from Table 1 of 
          this subpart, at the inlet and outlet of the control device, 
          respectively, dry basis, kilogram per hour. For uncontrolled 
          vents, Ei = Eo and equal the 
          concentration exiting the vent;
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. For uncontrolled vents, 
          Mij = Moj and equal the gas stream 
          molecular weight exiting the vent;
Qi, Qo = Flowrate of gas stream at the inlet and 
          outlet of the control device, respectively, dry standard cubic 
          meters per minute (dscm/min). For uncontrolled vents, 
          Qi = Qo and equals the flowrate exiting 
          the vent;
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);
n = the number of components in the sample.
[GRAPHIC] [TIFF OMITTED] TR08OC03.004

Where:

Rv = Overall emissions reduction for all affected process 
          vents, percent
Ei = Mass rate of TOC (minus methane and ethane) or total 
          HAP, from Table 1 of this subpart, at the inlet to the control 
          device, or exiting the vent for uncontrolled vents, as 
          calculated in this section, kilograms TOC per hour or 
          kilograms HAP per hour;
Eo = Mass rate of TOC (minus methane and ethane) or total 
          HAP, from Table 1 of this subpart, at the outlet to the 
          control device, or exiting the vent for uncontrolled vents, as 
          calculated in this section, kilograms TOC per hour or 
          kilograms HAP per hour. For vents without a control device, 
          Eo = Ei;
n = number of affected source process vents.

    (c) If you use a carbon adsorption system, condenser, vapor 
incinerator, boiler, or process heater to meet an emission limit in this 
subpart, you may choose to perform a design evaluation to demonstrate 
initial compliance instead of a performance test. You must perform a 
design evaluation according to the general requirements in Sec.  
63.693(b)(8) and the specific requirements in Sec.  63.693(d)(2)(ii) for 
a carbon adsorption system (including establishing carbon replacement 
schedules and associated requirements), Sec.  63.693(e)(2)(ii) for a 
condenser, Sec.  63.693(f)(2)(ii) for a vapor incinerator, or Sec.  
63.693(g)(2)(i)(B) for a boiler or process heater.
    (d) During the performance test or design evaluation, you must 
collect the appropriate operating parameter monitoring system data, 
average the operating parameter data over each test run, and set 
operating limits, whether a minimum or maximum value, based on the 
average of values for each of the three test runs. If you use a control 
device design analysis to demonstrate control device performance, then 
the minimum or maximum operating parameter value must be established 
based on the control device design analysis and supplemented, as 
necessary, by the control device manufacturer recommendations or other 
applicable information.
    (e) If you control air emissions from an affected source by 
introducing the vent stream into the flame zone of a boiler or process 
heater according to the requirements in Sec.  63.693(g)(1)(iii), you 
must conduct a performance test or design evaluation to demonstrate that 
the boiler or process heater meets

[[Page 348]]

the applicable emission limit while operating at a residence time of 0.5 
seconds or greater and at a combustion zone temperature of 760 [deg]C or 
higher.
    (f) You must conduct a performance evaluation for each continuous 
monitoring system according to the requirements in Sec.  63.8(e).
    (g) If you are required to conduct a visual inspection of an 
affected source, you must conduct the inspection according to the 
procedures in Sec.  63.906(a)(1) for Tank Level 1 controls, Sec.  
63.1063(d) for Tank Level 2 controls, Sec.  63.926(a) for Container 
Level 1 controls, Sec.  63.946(a) for a surface impoundment equipped 
with a floating membrane cover, Sec.  63.946(b) for a surface 
impoundment equipped with a cover and vented to a control device, Sec.  
63.1047(a) for a separator with a fixed roof, Sec.  63.1047(c) for a 
separator equipped with a fixed roof and vented to a control device, 
Sec.  63.695(c)(1)(i) or (c)(2)(i) for a closed vent system, and Sec.  
63.964(a) for individual drain systems.
    (h) [Reserved]
    (i) If you use Container Level 2 controls, you must conduct a test 
to demonstrate that the container operates with no detectable organic 
emissions or that the container is vapor-tight. You must conduct the 
test using Method 21 (40 CFR part 60, appendix A) and the procedures in 
Sec.  63.925(a) to demonstrate that the container operates with no 
detectable organic emissions or Method 27 (40 CFR part 60, appendix A) 
and the procedures in Sec.  63.925(b) to demonstrate that the container 
is vapor-tight.
    (j) If you locate an affected source inside a permanent total 
enclosure that is vented to a control device, you must demonstrate that 
the enclosure meets the verification criteria in section 5 of Procedure 
T in 40 CFR 52.741, appendix B.
    (k) If you use a fixed roof or a floating roof to control air 
emissions from a separator, you must conduct a test to demonstrate that 
the roof operates with no detectable organic emissions using Method 21 
(40 CFR part 60, appendix A) and the procedures in Sec.  63.1046(a). If 
you use a floating roof, you also must measure the seal gaps according 
to the procedures in Sec.  63.1046(b).
    (l) If you use a flare to control air emissions, you must conduct a 
visible emissions test using Method 22 in 40 CFR part 60, appendix A, 
and the procedures in Sec.  63.11(b)(4).
    (m) For each initial compliance demonstration that requires a 
performance test or design evaluation, you must report the results in 
your notification of compliance status according to the requirements in 
Sec.  63.7950(e)(1). For each initial compliance demonstration that does 
not require a performance test or design evaluation, you must submit a 
notification of compliance status according to the requirements in Sec.  
63.7950(e)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006; 85 
FR 41708, July 10, 2020]



Sec.  63.7942  When must I conduct subsequent performance tests?

    For non-flare control devices, you must conduct performance tests at 
any time the EPA requires you to according to Sec.  63.7(a)(3).

[85 FR 41708, July 10, 2020]



Sec.  63.7943  How do I determine the average VOHAP concentration of my
remediation material?

    (a) General requirements. You must determine the average total VOHAP 
concentration of a remediation material using either direct measurement 
as specified in paragraph (b) of this section or by knowledge as 
specified in paragraph (c) of this section. These methods may be used to 
determine the average VOHAP concentration of any material listed in 
(a)(1) through (3) of this section.
    (1) A single remediation material stream; or
    (2) Two or more remediation material streams that are combined prior 
to, or within, a remediation material management unit or treatment 
process; or
    (3) Remediation material that is combined with one or more non-
remediation material streams prior to, or within, a remediation material 
management unit or treatment process.
    (b) Direct measurement. To determine the average total VOHAP 
concentration of a remediation material using direct measurement, you 
must

[[Page 349]]

use the procedures in paragraphs (b)(1) through (3) of this section.
    (1) Sampling. Samples of each material stream must be collected from 
the container, pipeline, or other device used to deliver each material 
stream prior to entering the remediation material management unit or 
treatment process in a manner such that volatilization of organics 
contained in the sample is minimized and an adequately representative 
sample is collected and maintained for analysis by the selected method.
    (i) The averaging period to be used for determining the average 
total VOHAP concentration for the material stream on a mass-weighted 
average basis must be designated and recorded. The averaging period can 
represent any time interval that you determine is appropriate for the 
material stream but must not exceed 1 year. For streams that are 
combined, an averaging period representative for all streams must be 
selected.
    (ii) No less than four samples must be collected to represent the 
complete range of HAP compositions and HAP quantities that occur in each 
material stream during the entire averaging period due to normal 
variations in the material stream(s). Examples of such normal variations 
are variation of the HAP concentration within a contamination area.
    (iii) All samples must be collected and handled according to written 
procedures you prepare and document in a site sampling plan. This plan 
must describe the procedure by which representative samples of the 
material stream(s) are collected such that a minimum loss of organics 
occurs throughout the sample collection and handling process and by 
which sample integrity is maintained. A copy of the written sampling 
plan must be maintained on site in the facility operating records. An 
example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures according to the guidance 
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, 
appendix A.
    (2) Analysis. Each collected sample must be prepared and analyzed 
according to either one of the methods listed in Sec.  63.694(b)(2)(ii), 
or any current EPA Contracts Lab Program method (or future revisions) 
capable of identifying all the HAP in Table 1 of this subpart.
    (3) Calculations. The average total VOHAP concentration (C) on a 
mass-weighted basis must be calculated by using the results for all 
samples analyzed according to paragraph (b)(2) of this section and 
Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29NO06.007

Where:

C = Average VOHAP concentration of the material on a mass-weighted 
          basis, ppmw.
i = Individual sample ``i'' of the material.
n = Total number of samples of the material collected (at least 4 per 
          stream) for the averaging period (not to exceed 1 year).
Qi = Mass quantity of material stream represented by 
          Ci, kilograms per hour (kg/hr).
QT = Total mass quantity of all material during the averaging 
          period, kg/hr.
Ci = Measured VOHAP concentration of sample ``i'' as 
          determined according to the requirements of paragraph (b)(2) 
          of this section, ppmw.

    (c) Knowledge of the material. To determine the average total VOHAP 
concentration of a remediation material using knowledge, you must use 
the procedures in paragraphs (c)(1) through (3) of this section.
    (1) Documentation must be prepared that presents the information 
used as the basis for your knowledge of the material stream's average 
VOHAP concentration. Examples of information that may be used as the 
basis for knowledge include: material balances for the source(s) 
generating each material stream; species-specific chemical test data for 
the material stream from previous testing that are still applicable to 
the current material stream; test data for material from the 
contamination area(s) being remediated.

[[Page 350]]

    (2) If test data are used as the basis for knowledge, then you must 
document the test method, sampling protocol, and the means by which 
sampling variability and analytical variability are accounted for in the 
determination of the average VOHAP concentration. For example, you may 
use HAP concentration test data for the material stream that are 
validated according to Method 301 in 40 CFR part 63, appendix A as the 
basis for knowledge of the material. This information must be provided 
for each material stream where streams are combined.
    (3) If you use species-specific chemical concentration test data as 
the basis for knowledge of the material, you may adjust the test data to 
the corresponding average VOHAP concentration value which would be 
obtained had the material samples been analyzed using Method 305. To 
adjust these data, the measured concentration for each individual HAP 
chemical species contained in the material is multiplied by the 
appropriate species-specific adjustment factor (fm305) listed 
in Table 1 of this subpart.
    (d) In the event that you and we disagree on a determination using 
knowledge of the average total VOHAP concentration for a remediation 
material, then the results from a determination of VOHAP concentration 
using direct measurement by EPA Method 305 in 40 CFR part 60, appendix 
A, as specified in paragraph (b) of this section, will be used to 
determine compliance with the applicable requirements of this subpart. 
We may perform or require that you perform this determination using 
direct measurement.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006; 85 
FR 41708, July 10, 2020]



Sec.  63.7944  How do I determine the maximum HAP vapor pressure of my
remediation material?

    (a) You must determine the maximum HAP vapor pressure of your 
remediation material using either direct measurement as specified in 
paragraph (b) of this section or by knowledge as specified in paragraph 
(c) of this section.
    (b) Direct measurement to determine the maximum HAP vapor pressure.
    (1) Sampling. A sufficient number of samples must be collected to be 
representative of the remediation material contained in the tank. All 
samples must be collected and handled according to written procedures 
prepared by you and documented in a site sampling plan. This plan must 
describe the procedure by which representative samples of the 
remediation material are collected such that a minimum loss of organics 
occurs throughout the sample collection and handling process and by 
which sample integrity is maintained. A copy of the written sampling 
plan must be maintained on site in the facility site operating records. 
An example of an acceptable sampling plan includes a plan incorporating 
sample collection and handling procedures according to the guidance 
found in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, 
appendix A.
    (2) Analysis. Any one of the following methods may be used to 
analyze the samples and compute the maximum HAP vapor pressure of the 
remediation material:
    (i) Method 25E in 40 CFR part 60 appendix A;
    (ii) Methods described in American Petroleum Institute Bulletin 
2517, ``Evaporation Loss from External Floating Roof Tanks,'' 
(incorporated by reference, see Sec.  63.14);
    (iii) Methods obtained from standard reference texts;
    (iv) ASTM D2879-83 (incorporated by reference, see Sec.  63.14); or
    (v) Any other method approved by the Administrator.
    (c) Use of knowledge to determine the maximum HAP vapor pressure. 
Documentation must be prepared and recorded that presents the 
information used as the basis for your knowledge that the maximum HAP 
vapor pressure of the remediation material is less than the maximum 
vapor pressure limit listed in Table 2 of this subpart for the 
applicable tank design capacity category.
    (d) In the event that you and us disagree on a determination using 
knowledge of the maximum HAP vapor pressure of the remediation material, 
then the results from a determination of

[[Page 351]]

maximum HAP vapor pressure using direct measurement by EPA Method 25E in 
40 CFR part 60, appendix A, as specified in paragraph (b) of this 
section, will be used to determine compliance with the applicable 
requirements of this subpart. We may perform or require that you perform 
this determination using direct measurement.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41708, July 10, 2020]

                      Continuous Monitoring Systems



Sec.  63.7945  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) Each CPMS must meet the requirements in paragraphs (a)(1) 
through (4) of this section.
    (1) Complete a minimum of one cycle of operation for each successive 
15-minute period.
    (2) To calculate a valid hourly value, you must have at least three 
of four equally spaced data values (or at least two, if that condition 
is included to allow for periodic calibration checks) for that hour from 
a CPMS that is not out of control according to the monitoring plan 
referenced in Sec.  63.7935.
    (3) To calculate the average emissions for each averaging period, 
you must have at least 75 percent of the hourly averages for that period 
using only block hourly average values that are based on valid data 
(i.e., not from out-of-control periods).
    (4) Unless otherwise specified, each CPMS must determine the hourly 
average of all recorded readings and daily average, if required.
    (b) You must record the results of each inspection, calibration, and 
validation check.
    (c) You must conduct a performance evaluation for each CPMS 
according to the requirements in Sec.  63.8(e) and your site-specific 
monitoring plan.
    (d) Failure to meet the requirements of paragraphs (a)(1) through 
(4) of this section is a deviation and must be reported according to the 
requirements in Sec.  63.7951(b)(7).

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41708, July 10, 2020]



Sec.  63.7946  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) You must monitor and collect data according to this section and 
your site-specific monitoring plan required in Sec.  63.7935.
    (b) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out of control periods and required quality 
assurance or control activities in data averages and calculations used 
to report emissions or operating levels, nor may such data be used in 
fulfilling a minimum data availability requirement, if applicable. You 
must use all the data collected during all other periods in assessing 
the operation of the control device and associated control system.



Sec.  63.7947  What are my monitoring alternatives?

    (a) As an alternative to the parametric monitoring required in this 
subpart, you may install, calibrate, and operate a continuous emission 
monitoring system (CEMS) to measure the control device outlet total 
organic emissions or organic HAP emissions concentration.
    (1) The CEMS used on combustion control devices must include a 
diluent gas monitoring system (for O2 or CO2) with 
the pollutant monitoring system in order to correct for dilution (e.g., 
to 0 percent excess air).
    (2) Each CEMS must complete a minimum of one cycle of operation 
(sampling, analyzing, and data recording) for each successive 15-minute 
period. Data must be reduced as specified in Sec.  63.8(g)(2).
    (3) You must conduct a performance evaluation of the CEMS according 
to the requirements in Sec.  63.8 and Performance Specification 8 (for a 
total organic emissions CEMS) or Performance Specification 9 (for a HAP 
emissions CEMS) and Performance Specification

[[Page 352]]

3 (for an O2 or CO2 CEMS) of 40 CFR part 60, 
appendix B. The relative accuracy provision of Performance Specification 
8, sections 2.4 and 3 need not be conducted.
    (4) You must prepare a site-specific monitoring plan for operating, 
calibrating, and verifying the operation of your CEMS according to the 
requirements in Sec. Sec.  63.8(c), (d), and (e).
    (5) You must establish the emissions concentration operating limit 
according to paragraphs (a)(5)(i) and (ii) of this section.
    (i) During the performance test, you must monitor and record the 
total organic or HAP emissions concentration at least once every 15 
minutes during each of the three test runs.
    (ii) Use the data collected during the performance test to calculate 
and record the average total organic or HAP emissions concentration 
maintained during the performance test. The average total organic or HAP 
emissions concentration, corrected for dilution as appropriate, is the 
maximum operating limit for your control device.
    (b) You must maintain the daily (24-hour) average total organic or 
HAP emissions concentration in the exhaust vent stream of the control 
device outlet less than or equal to the site-specific operating limit 
established during the performance test.

                   Notification, Reports, and Records



Sec.  63.7950  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(e), 63.8(f)(4) and (6), and 63.9(b) through (h) that apply 
to you.
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before October 8, 2003, you must submit an Initial Notification 
not later than 120 calendar days after October 8, 2003, or no later than 
120 calendar days after the source becomes subject to this subpart, 
whichever is later.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after the effective date, you must 
submit an Initial Notification no later than 120 calendar days after 
initial startup, or no later than 120 calendar days after the source 
becomes subject to this subpart, whichever is later.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec.  63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, or other initial compliance demonstration, you must submit a 
Notification of Compliance Status according to Sec.  63.9(h)(2)(ii).
    (1) For each initial compliance demonstration that includes a 
performance test or design evaluation, you must submit the Notification 
of Compliance Status, including the performance test results, before the 
close of business on the 60th calendar day following the completion of 
the performance test according to Sec.  63.10(d)(2). You must submit the 
complete design evaluation and supporting documentation.
    (2) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration.
    (f) You must provide written notification to the Administrator of 
the alternative standard selected under Sec.  63.1006(b)(5) or (6) 
before implementing either of the provisions.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006; 85 
FR 73913, Nov. 19, 2020]



Sec.  63.7951  What reports must I submit and when?

    (a) Compliance report due dates. Unless the Administrator has 
approved a different schedule, you must submit a semiannual compliance 
report to your permitting authority according to the requirements 
specified in paragraphs (a)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.7883 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your affected source.

[[Page 353]]

    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance report is due.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of the dates specified in paragraphs (a)(1) through (4) of this 
section.
    (6) For pressure relief devices in remediation material service 
subject to the requirements of Sec.  63.7923, submit a description of 
the device or monitoring system to be implemented, including the 
pressure relief devices and process parameters to be monitored, and a 
description of the alarms or other methods by which operators will be 
notified of a pressure release. If your initial startup date was on or 
before September 3, 2019, then this information must be submitted with 
the next semi-annual periodic compliance report. If your initial startup 
date is after September 3, 2019, this information must be submitted in 
the first periodic compliance report. The information must be updated in 
subsequent reports if changes are made.
    (7) Semi-annual compliance reports must be submitted according to 
paragraph (f) of this section.
    (b) Compliance report contents. Each compliance report must include 
the information specified in paragraphs (b)(1) through (3) of this 
section and, as applicable, paragraphs (b)(4) through (9) of this 
section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If your initial startup date was on or before September 3, 2019, 
then until January 6, 2021, if you had a startup, shutdown, or 
malfunction during the reporting period and you took actions consistent 
with your SSMP, the compliance report must include the information in 
Sec.  63.10(d)(5)(i). If your initial startup date is after September 3, 
2019, then as of July 10, 2020, and for all sources after January 6, 
2021, an SSMP and the information in Sec.  63.10(d)(5)(i) is not 
required.
    (5) If there were no deviations from any emissions limitations 
(including operating limit), work practice standards, or operation and 
maintenance requirements, a statement that there were no deviations from 
the emissions limitations, work practice standards, or operation and 
maintenance requirements during the reporting period.
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS or CEMS) was out-of-control as specified by 
Sec.  63.8(c)(7), a statement that there were no periods during which 
the CPMS was out-of-control during the reporting period.
    (7) For each deviation from an emissions limitation (including an 
operating limit) that occurs at an affected source for which you are not 
using a continuous monitoring system (including a CPMS or CEMS) to 
comply with an emissions limitation or work practice standard required 
in this subpart, the compliance report must contain the information 
specified in paragraphs (b)(1) through (3) and (b)(7)(i) and (ii) of 
this section.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number of deviations. For each deviation, 
include the date, time, and duration, a list of the affected sources or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit, a description of the method

[[Page 354]]

used to estimate the emissions, the actions taken to minimize emissions, 
the cause of the deviation (including unknown cause), as applicable, and 
the corrective actions taken to return the affected unit to its normal 
or usual manner of operation.
    (8) For each deviation from an emissions limitation (including an 
operating limit) or work practice standard occurring at an affected 
source where you are using a continuous monitoring system (including a 
CPMS or CEMS) to comply with the emissions limitations or work practice 
standard in this subpart, you must include the information specified in 
paragraphs (b)(1) through (3) and (b)(8)(i) through (xi) of this 
section.
    (i) Information on the number of deviations. For each deviation, 
include the date, time, and duration, a list of the affected sources or 
equipment, an estimate of the quantity of each regulated pollutant 
emitted over any emission limit, a description of the method used to 
estimate the emissions, the actions taken to minimize emissions, the 
cause of the deviation (including unknown cause), as applicable, and the 
corrective actions taken to return the affected unit to its normal or 
usual manner of operation.
    (ii) The date and time that each continuous monitoring system was 
inoperative, except for zero (low-level) and high-level checks.
    (iii) The date, time, and duration that each continuous monitoring 
system was out-of-control, including the information in Sec.  
63.8(c)(8).
    (iv) For each deviation caused when the daily average value of a 
monitored operating parameter is less than the minimum operating 
parameter limit (or, if applicable, greater than the maximum operating 
parameter limit), the report must include the daily average values of 
the monitored parameter, the applicable operating parameter limit, and 
the date and duration of the period that the deviation occurred. For 
each deviation caused by lack of monitoring data, the report must 
include the date and duration of period when the monitoring data were 
not collected and the reason why the data were not collected.
    (v) A summary of the total duration of the deviations during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (vi) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and unknown causes.
    (vii) A summary of the total duration of continuous monitoring 
system downtime during the reporting period and the total duration of 
continuous monitoring system downtime as a percent of the total source 
operating time during the reporting period.
    (viii) A brief description of the process units.
    (ix) A brief description of the continuous monitoring system.
    (x) The date of the latest continuous monitoring system 
certification or audit.
    (xi) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (9) You must include the information on equipment leaks required in 
periodic reports by Sec.  63.1018(a) or Sec.  63.1039(b).
    (10) For pressure relief devices in remediation material service, 
compliance reports must include the information specified in paragraphs 
(b)(10)(i) through (iii) of this section.
    (i) For pressure relief devices in remediation material service 
subject to Sec.  63.7920(e), report the number of occurrences of an 
instrument reading of 500 ppm above the background level or greater, if 
detected more than 5 days after a pressure release.
    (ii) For pressure relief devices in remediation service subject to 
Sec.  63.7923(c), report confirmation, yes or no, that the monitoring 
required to show compliance was conducted during the reporting period.
    (iii) For pressure relief devices in remediation material service 
subject to Sec.  63.7923(d), report each pressure release to the 
atmosphere, including the following information:
    (A) The date, time, and duration of the pressure release actuation 
event.

[[Page 355]]

    (B) An estimate of the mass quantity of total HAP listed in Table 1 
of this subpart emitted during the pressure release actuation event and 
the method used for determining this quantity.
    (C) The source, nature and cause of the pressure release actuation 
event.
    (D) The actions taken to prevent this pressure release actuation 
event.
    (E) The measures implemented during the reporting period to prevent 
future such pressure release actuation events, and, if applicable, the 
implementation schedule for planned corrective actions to be implemented 
subsequent to the reporting period.
    (11) Pressure tank closure device or bypass deviation information. 
Compliance reports must include the information specified in paragraph 
(b)(11)(iv) of this section when any of the conditions in paragraphs 
(b)(11)(i) through (iii) of this section are met.
    (i) Any pressure tank closure device, as specified in specified in 
Sec.  63.7895(d)(4), has released to the atmosphere.
    (ii) Any closed vent system that includes bypass devices that could 
divert a vent a stream away from the control device and into the 
atmosphere, as specified in Sec.  63.7927(a)(2), has released directly 
to the atmosphere.
    (iii) Any open-ended valve or line in an emergency shutdown system 
which is designed to open automatically in the event of a process upset, 
as specified in Sec.  63.1014(c) or Sec.  63.1033(c), has released 
directly to the atmosphere.
    (iv) The compliance report must include the information specified in 
paragraphs (b)(11)(iv)(A) through (E) of this section.
    (A) The source, nature and cause of the release.
    (B) The date, time and duration of the discharge.
    (C) An estimate of the quantity of total HAP listed in Table 1 of 
this subpart emitted during the release and the method used for 
determining this quantity.
    (D) The actions taken to prevent this release.
    (E) The measures adopted to prevent future such releases.
    (c) Immediate startup, shutdown, and malfunction report. If your 
initial startup was on or before September 3, 2019, then until January 
6, 2021, if you had a startup, shutdown, or malfunction during the 
semiannual reporting period that was not consistent with your SSMP, you 
must submit an immediate startup, shutdown and malfunction report 
according to the requirements of Sec.  63.10(d)(5)(ii). If your initial 
startup date is after September 3, 2019, then as of July 10, 2020, and 
for all sources after January 6, 2021, an immediate startup, shutdown, 
and malfunction report is not required.
    (d) Part 70 monitoring report. If you have obtained a title V 
operating permit for an affected source pursuant to 40 CFR part 70 or 40 
CFR part 71, you must report all deviations as defined in this subpart 
in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report for an affected source along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all the 
required information concerning deviations from any emissions limitation 
or operation and maintenance requirement in this subpart, submission of 
the compliance report satisfies any obligation to report the same 
deviations in the semiannual monitoring report. However, submission of a 
compliance report does not otherwise affect any obligation you may have 
to report deviations from permit requirements for an affected source to 
your permitting authority.
    (e) Performance Test and CMS Performance Evaluation Reports. Within 
60 days after the date of completing each performance test or continuous 
monitoring system (CMS) performance evaluation (as defined in Sec.  
63.2) required by this subpart, the owner or operator must submit the 
results of the performance test or performance evaluation according to 
the manner specified by either paragraph (e)(1) or (2) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test. Submit the results of the 
performance

[[Page 356]]

test or the performance evaluation of CMS measuring relative accuracy 
test audit (RATA) pollutants to the EPA via the Compliance and Emissions 
Data Reporting Interface (CEDRI), which can be accessed through the 
EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must 
be submitted in a file format generated through the use of the EPA's 
ERT. Alternatively, you may submit an electronic file consistent with 
the extensible markup language (XML) schema listed on the EPA's ERT 
website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test or the performance evaluation of CMS 
measuring RATA pollutants by methods that are not supported by the ERT 
must be included as an attachment in the ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT website. The 
results of the performance test or the performance evaluation of CMS 
measuring RATA pollutants by methods that are not supported by the ERT, 
must be included as an attachment in the ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT website. 
Submit the ERT generated package or alternative file to the EPA via 
CEDRI.
    (f) Submitting reports electronically. If you are required to submit 
reports following the procedure specified in this paragraph, you must 
submit reports to the EPA via CEDRI, which can be accessed through the 
EPA's CDX (https://cdx.epa.gov/). You must use the appropriate 
electronic report template on the CEDRI website (https://www.epa.gov/
electronic-reporting-air-emissions/compliance-and-emissions-data-
reporting-interface-cedri) for this subpart. The report must be 
submitted by the deadline specified in this subpart, regardless of the 
method in which the report is submitted. If you claim some of the 
information required to be submitted via CEDRI is confidential business 
information (CBI), submit a complete report, including information 
claimed to be CBI, to the EPA. The report must be generated using the 
appropriate form on the CEDRI website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (g) Claims of EPA system outage. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX, you may 
assert a claim of EPA system outage for failure to timely comply with 
the reporting requirement. To assert a claim of EPA system outage, you 
must meet the requirements outlined in paragraphs (g)(1) through (7) of 
this section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.

[[Page 357]]

    (7) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (h) Claims of force majeure. If you are required to electronically 
submit a report through CEDRI in the EPA's CDX, you may assert a claim 
of force majeure for failure to timely comply with the reporting 
requirement. To assert a claim of force majuere, you must meet the 
requirements outlined in paragraphs (h)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41708, July 10, 2020]



Sec.  63.7952  What records must I keep?

    (a) You must keep the records specified in paragraphs (a)(1) through 
(4) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(1) and 
(b)(2)(xiv).
    (2) If your initial startup date is on or before September 3, 2019, 
you must continue to keep any records specified in Sec.  63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction.
    (3) If your initial startup was after September 3, 2019, then as of 
July 10, 2020, and for all sources after January 6, 2021, for each 
deviation from an emissions limitation (including an operating limit) or 
work practice standard occurring at an affected source, you must record 
information on the number of deviations. For each deviation, include the 
date, time, and duration, a list of the affected sources or equipment, 
an estimate of the quantity of each regulated pollutant emitted over any 
emission limit, a description of the method used to estimate the 
emissions, the actions taken to minimize emissions, the cause of the 
deviation (including unknown cause), as applicable, and the corrective 
actions taken to return the affected unit to its normal or usual manner 
of operation.
    (4) For pressure relief devices in remediation material service, 
keep records of the information specified in paragraphs (a)(4)(i) 
through (iii) of this section, as applicable.
    (i) A list of identification numbers for pressure relief devices 
that are not subject to the requirements of Sec.  63.7923(c) and (d) 
under the provisions of Sec.  63.7923(e).
    (ii) A list of identification numbers for pressure relief devices 
subject to the requirements of Sec.  63.7923(a), (c), and

[[Page 358]]

(d) that do not consist of or include a rupture disk.
    (iii) A list of identification numbers for pressure relief devices 
subject to the requirements of Sec.  63.7923(a), (c), and (d) equipped 
with rupture disks.
    (5) For pressure relief devices in remediation material service 
subject to Sec.  63.7923(d), keep records of each pressure release event 
to the atmosphere as specified in paragraphs (a)(5)(i) through (viii) of 
this section.
    (i) The date, time, and duration of the pressure release event.
    (ii) The dates and results of the EPA Method 21 of 40 CFR part 60, 
appendix A, monitoring following a pressure release event, if 
applicable. The results of each monitoring event shall include the 
measured background level and the maximum instrument reading measured at 
each pressure relief device.
    (iii) The dates replacement rupture disks were installed following a 
pressure release event, if applicable.
    (iv) An estimate of the mass quantity of total HAP listed in Table 1 
of this subpart emitted during the pressure release event and the method 
used for determining this quantity.
    (v) The source, nature and cause of the pressure release event, 
including an identification of the affected pressure relief device(s) 
and a statement noting whether the event resulted from the same cause(s) 
identified following a previous pressure release event.
    (vi) The corrective measures identified to prevent future such 
pressure release events, or an explanation of why corrective measures 
are not necessary.
    (vii) The actions taken to prevent this pressure release event.
    (viii) Records of the corrective measures implemented, including a 
description of the corrective measure(s) completed within the first 45 
days following a pressure release event, and, if applicable, the 
implementation schedule for planned corrective measures to be 
implemented subsequent to the first 45 days following the pressure 
release event, including proposed commencement and completion dates.
    (6) Records of the number of pressure release events during each 
calendar year and the number of those events for which the cause was 
determined to be a force majeure event. Keep these records for the 
current calendar year and the past 5 calendar years.
    (7)(i) For pressure tank closure devices, as specified in Sec.  
63.7895(d)(4), keep records of each release to the atmosphere, including 
the information specified in paragraphs (a)(7)(iii)(A) through (G) of 
this section.
    (ii) For each closed vent system that includes bypass devices that 
could divert a stream away from the control device and into the 
atmosphere, as specified in Sec.  63.7927(a)(2), and each open-ended 
valve or line in an emergency shutdown system which is designed to open 
automatically in the event of a process upset, as specified in Sec.  
63.1014(c) or Sec.  63.1033(c), keep records of each release to the 
atmosphere, including the information specified in paragraphs 
(a)(7)(iii)(A) though (G) of this section.
    (iii)(A) The source, nature, and cause of the release.
    (B) The date, time, and duration of the release.
    (C) An estimate of the quantity of HAP listed in Table 1 of this 
subpart emitted during the release and the calculations used for 
determining this quantity.
    (D) The actions taken to prevent this release.
    (E) The measures adopted to prevent future such release.
    (F) Hourly records of whether the bypass flow indicator specified 
under Sec.  63.7927(a)(2)(i) was operating and whether a diversion was 
detected at any time during the hour, as well as records of the times of 
all periods when the vent stream is diverted from the control device or 
the flow indicator is not operating.
    (G) Where a seal mechanism is used to comply with Sec.  
63.7927(a)(2)(ii), hourly records of flow are not required. In such 
cases, you must record that the monthly visual inspection of the seals 
or closure mechanism has been done and 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.
    (8) A record of the fluid level at the beginning and end of each 
maintenance

[[Page 359]]

period during which the tank is subject to Sec.  63.7925(b)(3).
    (9) Results of performance tests and performance evaluations as 
required by Sec.  63.10(b)(2)(viii).
    (10) The records of initial and ongoing determinations for affected 
sources that are exempt from control requirements under this subpart.
    (b) For each continuous monitoring system, you must keep the records 
as described in paragraphs (b)(1) and (2) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi) through (xi) that 
apply to your continuous monitoring system.
    (2) Performance evaluation plans, including previous (i.e., 
superseded) versions of the plan as required in Sec.  63.8(d)(3).
    (c) You must keep the records required by this subpart to show 
continuous compliance with each emissions limitation, work practice 
standard, and operation and maintenance requirement that applies to you.
    (d) You must record, on a semiannual basis, the information in Sec.  
63.696(g) for planned routine maintenance of a control device for 
emissions from process vents.
    (e) Any records required to be maintained by this part that are 
submitted electronically via the EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and reports 
available upon request to a delegated air agency or the EPA as part of 
an on-site compliance evaluation.

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41710, July 10, 2020]



Sec.  63.7953  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep your files of 
all information (including all reports and notifications) for 5 years 
following the date of each occurrence, measurement, maintenance, action 
taken to correct the cause of a deviation, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You can keep the 
records off-site for the remaining 3 years.
    (d) If, after the remediation activity is completed, there is no 
other remediation activity at the facility, and you are no longer the 
owner of the facility, you may keep all records for the completed 
remediation activity at an off-site location provided you notify the 
Administrator in writing of the name, address and contact person for the 
off-site location.

                   Other Requirements and Information



Sec.  63.7955  What parts of the General Provisions apply to me?

    Table 3 of this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.



Sec.  63.7956  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the EPA, or 
a delegated authority such as your State, local, or tribal agency. If 
the EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to the EPA, has the 
authority to implement and enforce this subpart. You should contact your 
EPA Regional Office (see list in Sec.  63.13) to find out if this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of EPA and are not transferred 
to the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of alternatives to the non-opacity emissions 
limitations and work practice standards in this subpart under Sec.  
63.6(g).

[[Page 360]]

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

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006; 85 
FR 41711, July 10, 2020]



Sec.  63.7957  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec.  63.2, 
and in this section. If a term is defined both in this section and in 
another subpart cross-referenced by this subpart, then the term will 
have the meaning given in this section for purposes of this subpart.
    Boiler means an enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator or a process 
heater.
    Bypass means diverting a process vent or closed vent system stream 
to the atmosphere such that it does not first pass through an emission 
control device.
    Closed vent system means a system that is not open to the atmosphere 
and is composed of hard-piping, ductwork, connections, and, if 
necessary, fans, blowers, or other flow-inducing device that conveys gas 
or vapor from an emissions point to a control device.
    Closure device means a cap, hatch, lid, plug, seal, valve, or other 
type of fitting that prevents or reduces air pollutant emissions to the 
atmosphere by blocking an opening in a cover when the device is secured 
in the closed position. Closure devices include devices that are 
detachable from the cover (e.g., a sampling port cap), manually operated 
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a 
spring-loaded pressure relief valve).
    Container means a portable unit used to hold material. Examples of 
containers include, but are not limited to drums, dumpsters, roll-off 
boxes, bulk cargo containers commonly known as portable tanks or totes, 
cargo tank trucks, dump trucks, and rail cars. For the purpose of this 
subpart, a front-end loader, excavator, backhoe, or other type of self-
propelled excavation equipment is not a container.
    Continuous record means documentation of data values measured at 
least once every 15 minutes and recorded at the frequency specified in 
this subpart.
    Continuous recorder means a data recording device that either 
records an instantaneous data value at least once every 15 minutes or 
records 15-minutes or more frequent block averages.
    Control device means equipment used recovering, removing, oxidizing, 
or destroying organic vapors. Examples of such equipment include but are 
not limited to carbon adsorbers, condensers, vapor incinerators, flares, 
boilers, and process heaters.
    Cover means a device that prevents or reduces air pollutant 
emissions to the atmosphere by forming a continuous barrier over the 
remediation material managed in a unit. A cover may have openings (such 
as access hatches, sampling ports, gauge wells) that are necessary for 
operation, inspection, maintenance, and repair of the unit on which the 
cover is used. A cover may be a separate piece of equipment which can be 
detached and removed from the unit (such as a tarp) or a cover may be 
formed by structural features permanently integrated into the design of 
the unit.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emissions limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emissions limitation, (including any operating 
limit), or work practice standard in this subpart regardless of whether 
or not such failure is permitted by this subpart.

[[Page 361]]

    Emissions limitation means any emissions limit, opacity limit, 
operating limit, or visible emissions limit.
    Emissions point means an individual tank, surface impoundment, 
container, oil-water, organic-water separator, transfer system, vent, or 
enclosure.
    Enclosure means a structure that surrounds a tank or container, 
captures organic vapors emitted from the tank or container, and vents 
the captured vapor through a closed vent system to a control device.
    Equipment means each pump, pressure relief device, sampling 
connection system, valve, and connector used in remediation material 
service at a facility.
    External floating roof means a pontoon-type or double-deck type 
cover that rests on the liquid surface in a tank with no fixed roof.
    Facility means all contiguous or adjoining property that is under 
common control including properties that are separated only by a road or 
other public right-of-way. Common control includes properties that are 
owned, leased, or operated by the same entity, parent entity, 
subsidiary, or any combination thereof. A unit or group of units within 
a contiguous property that are not under common control (e.g., a 
wastewater treatment unit located at the facility but is owned by a 
different company) is a different facility.
    Fixed roof means a cover that is mounted on a unit in a stationary 
position and does not move with fluctuations in the level of the liquid 
managed in the unit.
    Flame zone means the portion of the combustion chamber in a boiler 
or process heater occupied by the flame envelope.
    Floating roof means a cover consisting of a double deck, pontoon 
single deck, or internal floating cover which rests upon and is 
supported by the liquid being contained, and is equipped with a 
continuous seal.
    Flow indicator means a device that indicates whether gas is flowing, 
or whether the valve position would allow gas to flow in a bypass line.
    Force majeure event means a release of HAP directly to the 
atmosphere from a pressure relief device that is demonstrated to the 
satisfaction of the Administrator to result from an event beyond the 
owner or operator's control, such as natural disasters; acts of war or 
terrorism; loss of a utility external to the Site Remediation unit 
(e.g., external power curtailment), excluding power curtailment due to 
an interruptible service agreement; and fire or explosion originating at 
a near or adjoining facility outside of the Site Remediation affected 
source that impacts the Site Remediation affected source's ability to 
operate.
    Hard-piping means pipe or tubing that is manufactured and properly 
installed according to relevant standards and good engineering 
practices.
    Individual drain system means a stationary system used to convey 
wastewater streams or residuals to a remediation material management 
unit or to discharge or disposal. The term includes hard-piping, all 
drains and junction boxes, together with their associated sewer lines 
and other junction boxes (e.g., manholes, sumps, and lift stations) 
conveying wastewater streams or residuals. For the purpose of this 
subpart, an individual drain system is not a drain and collection system 
that is designed and operated for the sole purpose of collecting 
rainfall runoff (e.g., stormwater sewer system) and is segregated from 
all other individual drain systems.
    Internal floating roof means a cover that rests or floats on the 
liquid surface (but not necessarily in complete contact with it inside a 
tank that has a fixed roof).
    Maximum HAP vapor pressure means the sum of the individual HAP 
equilibrium partial pressure exerted by remediation material at the 
temperature equal to either: the monthly average temperature as reported 
by the National Weather Service when the remediation material is stored 
or treated at ambient temperature; or the highest calendar-month average 
temperature of the remediation material when the remediation material is 
stored at temperatures above the ambient temperature or when the 
remediation material is stored or treated at temperatures below the 
ambient temperature. For the purpose of this subpart, maximum HAP vapor 
pressure is determined

[[Page 362]]

using the procedures specified in Sec.  63.7944.
    No detectable organic emissions means no escape of organics to the 
atmosphere as determined using the procedure specified in Sec.  
63.694(k).
    Oil-water separator means a separator as defined for this subpart 
that is used to separate oil from water.
    Operating parameter value means a minimum or maximum value 
established for a control device or treatment process parameter which, 
if achieved by itself or in combination with one or more other operating 
parameter values, determines that an owner or operator has complied with 
an applicable emissions limitation or standard.
    Organic-water separator means a separator as defined for this 
subpart that is used to separate organics from water.
    Pressure release actuation event means the emission of materials 
resulting from the system pressure being greater than the set pressure 
of the pressure relief device. This release can be one release or a 
series of releases over a short time period.
    Pressure relief device or valve means a safety device used to 
prevent operating pressures from exceeding the maximum allowable working 
pressure of the process equipment. A common pressure relief device is a 
spring-loaded pressure relief valve. Devices that are actuated either by 
a pressure of less than or equal to 2.5 pounds per square inch gauge or 
by a vacuum are not pressure relief devices.
    Process heater means an enclosed combustion device that transfers 
heat released by burning fuel directly to process streams or to heat 
transfer liquids other than water.
    Process vent means any open-ended pipe, stack, duct, or other 
opening intended to allow the passage of gases, vapors, or fumes to the 
atmosphere and this passage is caused by mechanical means (such as 
compressors, vacuum-producing systems or fans) or by process-related 
means (such as volatilization produced by heating). For the purposes of 
this subpart, a process vent is neither a pressure relief device (as 
defined in this section) nor a stack, duct or other opening used to 
exhaust combustion products from a boiler, furnace, heater, incinerator, 
or other combustion device.
    Radioactive mixed waste means a material that contains both 
hazardous waste subject to RCRA and source, special nuclear, or by-
product material subject to the Atomic Energy Act of 1954.
    Remediation material means a material that contains one or more of 
the HAP listed in Table 1 of this subpart, and this material is one of 
the following:
    (1) A material found in naturally occurring media such as soil, 
groundwater, surface water, sediments, or a mixture of such materials 
with liquids, sludges, or solids which is inseparable by simple 
mechanical removal processes and is made up primarily of media. This 
material does not include debris as defined in 40 CFR 268.2.
    (2) A material found in intact or substantially intact containers, 
tanks, storage piles, or other storage units that requires clean up 
because this material poses a reasonable potential threat to 
contaminating media. Examples of these materials include, but are not 
limited to, solvents, oils, paints, and other volatile or semi-volatile 
organic liquids found in buried drums, cans, or other containers; 
gasoline, fuel oil, or other fuels in leaking underground storage tanks; 
and solid materials containing volatile or semi-volatile organics in 
unused or abandoned piles. Remediation material is not a waste or 
residue generated by routine equipment maintenance activities performed 
at a facility such as, but not limited to, tank bottoms and sludges 
removed during tank cleanouts; sludges and sediments removed from active 
wastewater treatment tanks, surface impoundments, or lagoons; spent 
catalyst removed from process equipment; residues removed from air 
pollution control equipment; and debris removed during heat exchanger 
and pipeline cleanouts.
    Remediation material management unit means a tank, container, 
surface impoundment, oil-water separator, organic-water separator, or 
transfer system used to remove, destroy, degrade, transform, immobilize, 
or otherwise manage remediation material.

[[Page 363]]

    Remediation material service means any time when a pump, compressor, 
agitator, pressure relief device, sampling connection system, open-ended 
valve or line, valve, connector, or instrumentation system contains or 
contacts remediation material.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Separator means a remediation material management unit, generally a 
tank, used to separate oil or organics from water. A separator consists 
of not only the separation unit but also the forebay and other separator 
basins, skimmers, weirs, grit chambers, sludge hoppers, and bar screens 
that are located directly after the individual drain system and prior to 
any additional treatment units such as an air flotation unit clarifier 
or biological treatment unit. Examples of a separator include, but are 
not limited to, an API separator, parallel-plate interceptor, and 
corrugated-plate interceptor with the associated ancillary equipment.
    Site remediation means one or more activities or processes used to 
remove, destroy, degrade, transform, immobilize, or otherwise manage 
remediation material. The monitoring or measuring of contamination 
levels in environmental media using wells or by sampling is not 
considered to be a site remediation.
    Sludge means sludge as defined in Sec.  260.10 of this chapter.
    Soil means unconsolidated earth material composing the superficial 
geologic strata (material overlying bedrock), consisting of clay, silt, 
sand, or gravel size particles (sizes as classified by the U.S. Soil 
Conservation Service), or a mixture of such materials with liquids, 
sludges, or solids which is inseparable by simple mechanical removal 
processes and is made up primarily of soil.
    Stabilization process means any physical or chemical process used to 
either reduce the mobility of contaminants in media or eliminate free 
liquids as determined by Test Method 9095--Paint Filter Liquids Test in 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' 
EPA Publication No. SW-846, Third Edition, September 1986, as amended by 
Update I, November 15, 1992. (As an alternative, you may use any more 
recent, updated version of Method 9095 approved by the EPA). A 
stabilization process includes mixing remediation material with binders 
or other materials, and curing the resulting remediation material and 
binder mixture. Other synonymous terms used to refer to this process are 
fixation or solidification. A stabilization process does not include the 
adding of absorbent materials to the surface of remediation material, 
without mixing, agitation, or subsequent curing, to absorb free liquid.
    Surface impoundment means a unit that is a natural topographical 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made materials), 
which is designed to hold an accumulation of liquids. Examples of 
surface impoundments include holding, storage, settling, and aeration 
pits, ponds, and lagoons.
    Tank means a stationary unit that is constructed primarily of 
nonearthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) which provide structural support and is designed to hold an 
accumulation of liquids or other materials.
    Temperature monitoring device means a piece of equipment used to 
monitor temperature and having an accuracy of 1 
percent of the temperature being monitored expressed in degrees Celsius 
([deg]C) or 1.2 degrees [deg]C, whichever value is 
greater.
    Transfer system means a stationary system for which the predominant 
function is to convey liquids or solid materials from one point to 
another point within a waste management operation or recovery operation. 
For the purpose of this subpart, the conveyance of material using a 
container (as defined for this subpart) or a self-propelled vehicle 
(e.g., a front-end loader) is not a transfer system. Examples of a 
transfer system include but are not limited to a pipeline, an individual 
drain system, a gravity-operated conveyor (such as a chute), and a 
mechanically-powered conveyor (such as a belt or screw conveyor).

[[Page 364]]

    Treatment process means a process in which remediation material is 
physically, chemically, thermally, or biologically treated to destroy, 
degrade, or remove hazardous air pollutants contained in the material. A 
treatment process can be composed of a single unit (e.g., a steam 
stripper) or a series of units (e.g., a wastewater treatment system). A 
treatment process can be used to treat one or more remediation material 
streams at the same time.
    Volatile organic hazardous air pollutant (VOHAP) concentration means 
the fraction by weight of the HAP listed in Table 1 of this subpart that 
are contained in the remediation material as measured using Method 305, 
40 CFR part 63, appendix A and expressed in terms of parts per million 
(ppm). As an alternative to using Method 305, 40 CFR part 63, appendix 
A, you may determine the HAP concentration of the remediation material 
using any one of the other test methods specified in Sec.  
63.694(b)(2)(ii). When a test method specified in Sec.  63.694(b)(2)(ii) 
other than Method 305 in 40 CFR part 63, appendix A is used to determine 
the speciated HAP concentration of the contaminated material, the 
individual compound concentration may be adjusted by the corresponding 
fm305 listed in Table 1 of this subpart to determine a VOHAP 
concentration.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006; 85 
FR 41711, July 10, 2020]



    Sec. Table 1 to Subpart GGGGG of Part 63--List of Hazardous Air 
                               Pollutants

------------------------------------------------------------------------
           CAS No.\a\                   Compound name          Fm 305
------------------------------------------------------------------------
75070...........................  Acetaldehyde............        1.000
75058...........................  Acetonitrile............        0.989
98862...........................  Acetophenone............        0.314
98862...........................  Acetophenone............        0.314
107028..........................  Acrolein................        1.000
107131..........................  Acrylonitrile...........        0.999
107051..........................  Allyl chloride..........        1.000
71432...........................  Benzene (includes               1.000
                                   benzene in gasoline).
98077...........................  Benzotrichloride                0.958
                                   (isomers and mixture).
100447..........................  Benzyl chloride.........        1.000
92524...........................  Biphenyl................        0.864
542881..........................  Bis(chloromethyl)ether          0.999
                                   \b\.
75252...........................  Bromoform...............        0.998
106990..........................  1,3-Butadiene...........        1.000
75150...........................  Carbon disulfide........        1.000
56235...........................  Carbon Tetrachloride....        1.000
43581...........................  Carbonyl sulfide........        1.000
133904..........................  Chloramben..............        0.633
108907..........................  Chlorobenzene...........        1.000
67663...........................  Chloroform..............        1.000
107302..........................  Chloromethyl methyl             1.000
                                   ether \b\.
126998..........................  Chloroprene.............        1.000
98828...........................  Cumene..................        1.000
94757...........................  2,4-D, salts and esters.        0.167
334883..........................  Diazomethane \c\........        0.999
132649..........................  Dibenzofurans...........        0.967
96128...........................  B1,2-Dibromo-3-                 1.000
                                   chloropropane.
106467..........................  1,4-Dichlorobenzene(p)..        1.000
107062..........................  Dichloroethane (Ethylene        1.000
                                   dichloride).
111444..........................  Dichloroethyl ether             0.757
                                   (Bis(2-
                                   chloroethylether).
542756..........................  1,3-Dichloropropene.....        1.000
64675...........................  Diethyl sulfate.........        0.0025
79447...........................  Dimethyl carbamoyl              0.150
                                   chloride \c\.
77781...........................  Dimethyl sulfate........        0.086
121697..........................  N,N-Dimethylaniline.....        0.0008
51285...........................  2,4-Dinitrophenol.......        0.0077
121142..........................  2,4-Dinitrotoluene......        0.0848
123911..........................  1,4-Dioxane (1,4-               0.869
                                   Diethyleneoxide).
106898..........................  Epichlorohydrin (1-             0.939
                                   Chloro-2,3-
                                   epoxypropane).
106887..........................  1,2-Epoxybutane.........        1.000
140885..........................  Ethyl acrylate..........        1.000
100414..........................  Ethyl benzene...........        1.000

[[Page 365]]

 
75003...........................  Ethyl chloride                  1.000
                                   (Chloroethane).
106934..........................  Ethylene dibromide              0.999
                                   (Dibromoethane).
107062..........................  Ethylene dichloride (1,2-       1.000
                                   Dichloroethane).
151564..........................  Ethylene imine                  0.867
                                   (Aziridine).
75218...........................  Ethylene oxide..........        1.000
75343...........................  Ethylidene dichloride           1.000
                                   (1,1-Dichloroethane).      [\e\]
                                   Glycol ethers \d\ that
                                   have a Henry's Law
                                   Constant value equal to
                                   or greater than 0.01 Y/
                                   X(1.8 x 10-6 atm/gm-
                                   mole/m\3\) at 25 [deg]C.
118741..........................  Hexachlorobenzene.......        0.97
87683...........................  Hexachlorobutadiene.....        0.88
67721...........................  Hexachloroethane........        0.499
110543..........................  Hexane..................        1.000
78591...........................  Isophorone..............        0.506
58899...........................  Lindane (all isomers)...        1.000
67561...........................  Methanol................        0.855
74839...........................  Methyl bromide                  1.000
                                   (Bromomethane).
74873...........................  Methyl chloride                 1.000
                                   (Choromethane).
71556...........................  Methyl chloroform (1,1,1-       1.000
                                   Trichloroethane).
74884...........................  Methyl iodide                   1.000
                                   (Iodomethane).
108101..........................  Methyl isobutyl ketone          0.979
                                   (Hexone).
624839..........................  Methyl isocyanate.......        1.000
80626...........................  Methyl methacrylate.....        0.999
1634044.........................  Methyl tert butyl ether.        1.000
75092...........................  Methylene chloride              1.000
                                   (Dichloromethane).
91203...........................  Naphthalene.............        0.994
98953...........................  Nitrobenzene............        0.394
79469...........................  2-Nitropropane..........        0.989
82688...........................  Pentachloronitrobenzene         0.839
                                   (Quintobenzene).
87865...........................  Pentachlorophenol.......        0.0898
75445...........................  Phosgene \c\............        1.000
123386..........................  Propionaldehyde.........        0.999
78875...........................  Propylene dichloride            1.000
                                   (1,2-Dichloropropane).
75569...........................  Propylene oxide.........        1.000
75558...........................  1,2-Propylenimine (2-           0.945
                                   Methyl aziridine).
100425..........................  Styrene.................        1.000
96093...........................  Styrene oxide...........        0.830
79345...........................  1,1,2,2-                        0.999
                                   Tetrachloroethane.
127184..........................  Tetrachloroethylene             1.000
                                   (Perchloroethylene).
108883..........................  Toluene.................        1.000
95534...........................  o-Toluidine.............        0.152
120821..........................  1,2,4-Trichlorobenzene..        1.000
71556...........................  1,1,1-Trichloroethane           1.000
                                   (Methyl chlorform).
79005...........................  1,1,2-Trichloroethane           1.000
                                   (Vinyltrichloride).
79016...........................  Trichloroethylene.......        1.000
95954...........................  2,4,5-Trichlorophenol...        0.0108
88062...........................  2,4,6-Trichlorophenol...        0.0132
121448..........................  Triethylamine...........        1.000
540841..........................  2,2,4-Trimethylpentane..        1.000
108054..........................  Vinyl acetate...........        1.000
593602..........................  Vinyl bromide...........        1.000
75014...........................  Vinyl chloride..........        1.000
75354...........................  Vinylidene chloride (1,1-       1.000
                                   Dichloroethylene).
1330207.........................  Xylenes (isomers and            1.000
                                   mixture).
95476...........................  o-Xylenes...............        1.000
108383..........................  m-Xylenes...............        1.000
106423..........................  p-Xylenes...............        1.000
------------------------------------------------------------------------
Notes:
Fm 305 Fraction measure factor in Method 305, 40 CFR 305 part 63,
  appendix A.
\a\ CAS numbers refer to the Chemical Abstracts Services registry number
  assigned to specific compounds, isomers, or mixtures of compounds.
\b\ Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis
  products are also HAP chemicals.
\c\ Denotes a HAP that may react violently with water.
\d\ Denotes a HAP that hydrolyzes slowly in water.
\e\ The Fm 305 factors for some of the more common glycol 305 ethers can
  be obtained by contacting the Waste and Chemical Processes Group,
  Office of Air Quality Planning and Standards, Research Triangle Park,
  NC 27711.


[71 FR 69020, Nov. 29, 2006]

[[Page 366]]



Sec. Table 2 to Subpart GGGGG of Part 63--Control Levels as Required by 
Sec.  63.7895(a) for Tanks Managing Remediation Material With a Maximum 
                  HAP Vapor Pressure Less Than 76.6 kPa

------------------------------------------------------------------------
                               And the maximum HAP
                                vapor pressure of
If your tank design capacity     the remediation     Then your tank must
          is . . .             material placed in         use . . .
                               your tank is . . .
------------------------------------------------------------------------
1. Less than 38 m\3\........  Less than 76.6 kPa..  Tank Level 1
                                                     controls under Sec.
                                                       63.7895(b).
2. At least 38 m\3\ but less  Less than 13.1 kPa..  Tank Level 1
 than 151 m\3\.                                      controls under Sec.
                                                       63.7895(b).
3. 151 m\3\ or greater......  Less than 0.7 kPa...  Tank Level 1
                                                     controls under Sec.
                                                       63.7895(b).
4. at least 38 m\3\ but less  13.1 kPa or greater.  Tank Level 2
 than 151 m\3\.                                      controls under Sec.
                                                       63.7895(c).
5. 151 m\3\ or greater......  0.7 kPa or greater..  Tank Level 2
                                                     controls under Sec.
                                                       63.7895(c)
------------------------------------------------------------------------



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

    As stated in Sec.  63.7940, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
             Citation                       Subject               Brief description                GGGGG
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.......................  Applicability..........  Initial Applicability        Yes.
                                                              Determination;
                                                              Applicability After
                                                              Standard Established;
                                                              Permit Requirements;
                                                              Extensions, Notifications.
Sec.   63.2.......................  Definitions............  Definitions for part 63      Yes.
                                                              standards.
Sec.   63.3.......................  Units and Abbreviations  Units and abbreviations for  Yes.
                                                              part 63 standards.
Sec.   63.4.......................  Prohibited Activities..  Prohibited Activities;       Yes.
                                                              Compliance date;
                                                              Circumvention,
                                                              Severability.
Sec.   63.5.......................  Construction/            Applicability;               Yes.
                                     Reconstruction.          applications; approvals.
Sec.   63.6(a)....................  Applicability..........  General Provisions (GP)      Yes.
                                                              apply unless compliance
                                                              extension GP apply to area
                                                              sources that become major.
Sec.   63.6(b)(1)-(4).............  Compliance Dates for     Standards apply at           Yes.
                                     New and Reconstructed    effective date; 3 years
                                     sources.                 after effective date; upon
                                                              startup; 10 years after
                                                              construction or
                                                              reconstruction commences
                                                              for 112(f).
Sec.   63.6(b)(5).................  Notification...........  Must notify if commenced     Yes.
                                                              construction or
                                                              reconstruction after
                                                              proposal.
Sec.   63.6(b)(6).................  [Reserved].............
Sec.   63.6(b)(7).................  Compliance Dates for     Area sources that become     Yes.
                                     New and Reconstructed    major must comply with
                                     Area Sources That        major source standards
                                     Become Major.            immediately upon becoming
                                                              major, regardless of
                                                              whether required to comply
                                                              when they were an area
                                                              source.
Sec.   63.6(c)(1)-(2).............  Compliance Dates for     Comply according to date in  Yes.
                                     Existing Sources.        subpart, which must be no
                                                              later than 3 years after
                                                              effective date. For 112(f)
                                                              standards, comply within
                                                              90 days of effective date
                                                              unless compliance
                                                              extension.
Sec.   63.6(c)(3)-(4).............  [Reserved].............
Sec.   63.6(c)(5).................  Compliance Dates for     Area sources that become     Yes.
                                     Existing Area Sources    major must comply with
                                     That Become Major.       major source standards by
                                                              date indicated in subpart
                                                              or by equivalent time
                                                              period (for example, 3
                                                              years).

[[Page 367]]

 
Sec.   63.6(d)....................  [Reserved].............
Sec.   63.6(e)(1)-(2).............  Operation & Maintenance  ...........................  No, see Sec.
                                                                                           63.7935(b).
Sec.   63.6(e)(3).................  Startup, Shutdown, and   ...........................  No, see Sec.
                                     Malfunction Plan                                      63.7935(c).
                                     (SSMP).
Sec.   63.6(f)(1).................  Compliance Except        ...........................  No, see Sec.
                                     During SSM.                                           63.7935(b).
Sec.   63.6(f)(2)-(3).............  Methods for Determining  Compliance based on          Yes.
                                     Compliance.              performance test,
                                                              operation and maintenance
                                                              plans, records, inspection.
Sec.   63.6(g)(1)-(3).............  Alternative Standard...  Procedures for getting an    Yes.
                                                              alternative standard.
Sec.   63.6(h)....................  Opacity/Visible          Requirements for opacity     No. No opacity
                                     Emissions (VE)           and visible emissions        standards.
                                     Standards.               limits.
Sec.   63.6(i)(1)-(14)............  Compliance Extension...  Procedures and criteria for  Yes.
                                                              Administrator to grant
                                                              compliance extension.
Sec.   63.6(j)....................  Presidential Compliance  President may exempt source  Yes.
                                     Exemption.               category from requirement
                                                              to comply with final rule.
Sec.   63.7(a)(1)-(2).............  Performance Test Dates.  Dates for Conducting         Yes.
                                                              Initial Performance
                                                              Testing and Other
                                                              Compliance Demonstrations.
                                                              Must conduct 180 days
                                                              after first subject to
                                                              final rule.
Sec.   63.7(a)(3).................  CAA Section 114          Administrator may require a  Yes.
                                     Authority.               performance test under CAA
                                                              section 114 at any time.
Sec.   63.7(b)(1).................  Notification of          Must notify Administrator    Yes.
                                     Performance Test.        60 days before the test.
Sec.   63.7(b)(2).................  Notification of          If rescheduling a            Yes.
                                     Rescheduling.            performance test is
                                                              necessary, must notify
                                                              Administrator 5 days
                                                              before scheduled date of
                                                              rescheduled date.
Sec.   63.7(c)....................  Quality Assurance/Test   Requirement to submit site-  Yes.
                                     Plan.                    specific test plan 60 days
                                                              before the test or on date
                                                              Administrator agrees with:
                                                              Test plan approval
                                                              procedures; performance
                                                              audit requirements;
                                                              internal and external QA
                                                              procedures for testing.
Sec.   63.7(d)....................  Testing Facilities.....  Requirements for testing     Yes.
                                                              facilities.
Sec.   63.7(e)(1).................  Conditions for           Performance tests must be    No, see Sec.
                                     Conducting Performance   conducted under              63.7941(b)(2).
                                     Tests.                   representative conditions.
                                                              Cannot conduct performance
                                                              tests during SSM. Not a
                                                              violation to exceed
                                                              standard during SSM.
Sec.   63.7(e)(2).................  Conditions for           Must conduct according to    Yes.
                                     Conducting Performance   rule and EPA test methods
                                     Tests.                   unless Administrator
                                                              approves alternative.
Sec.   63.7(e)(3).................  Test Run Duration......  Must have three test runs    Yes.
                                                              of at least one hour each.
                                                              Compliance is based on
                                                              arithmetic mean of three
                                                              runs. Conditions when data
                                                              from an additional test
                                                              run can be used.
Sec.   63.7(f)....................  Alternative Test Method  Procedures by which          Yes.
                                                              Administrator can grant
                                                              approval to use an
                                                              alternative test method.

[[Page 368]]

 
Sec.   63.7(g)....................  Performance Test Data    Must include raw data in     Yes.
                                     Analysis.                performance test report.
                                                              Must submit performance
                                                              test data 60 days after
                                                              end of test with the
                                                              Notification of Compliance
                                                              Status. Keep data for 5
                                                              years.
Sec.   63.7(h)....................  Waiver of Tests........  Procedures for               Yes.
                                                              Administrator to waive
                                                              performance test.
Sec.   63.8(a)(1).................  Applicability of         Subject to all monitoring    Yes.
                                     Monitoring               requirements in standard.
                                     Requirements.
Sec.   63.8(a)(2).................  Performance              Performance Specifications   Yes.
                                     Specifications.          in appendix B of part 60
                                                              apply.
Sec.   63.8(a)(3).................  [Reserved].............
Sec.   63.8(a)(4).................  Monitoring with Flares.  Unless your rule says        Yes.
                                                              otherwise, the
                                                              requirements for flares in
                                                              63.11 apply.
Sec.   63.8(b)(1).................  Monitoring.............  Must conduct monitoring      Yes.
                                                              according to standard
                                                              unless Administrator
                                                              approves alternative.
Sec.   63.8(b)(2)-(3).............  Multiple Effluents and   Specific requirements for    Yes.
                                     Multiple Monitoring      installing monitoring
                                     Systems.                 systems. Must install on
                                                              each effluent before it is
                                                              combined and before it is
                                                              released to the atmosphere
                                                              unless Administrator
                                                              approves otherwise. If
                                                              more than one monitoring
                                                              system on an emissions
                                                              point, must report all
                                                              monitoring system results,
                                                              unless one monitoring
                                                              system is a backup.
Sec.   63.8(c)(1).................  Monitoring System        Maintain monitoring system   Yes.
                                     Operation and            in a manner consistent
                                     Maintenance.             with good air pollution
                                                              control practices.
Sec.   63.8(c)(1)(i)..............  Monitoring System        Operate and maintain system  No, see Sec.
                                     Operation.               as specified in Sec.         63.7935(b).
                                                              63.6(e)(1).
Sec.   63.8(c)(1)(ii).............  Monitoring System        Keep part for routine        Yes.
                                     Repair.                  repairs available.
Sec.   63.8(c)(1)(iii)............  Monitoring System SSM    Develop an SSM Plan for the  No, see Sec.
                                     Plan.                    monitoring system.           63.7935(h)(1).
Sec.   63.8(c)(2)-(3).............  Monitoring System        Must install to get          Yes.
                                     Installation.            representative emissions
                                                              and parameter
                                                              measurements. Must verify
                                                              operational status before
                                                              or at performance test.
Sec.   63.8(c)(4).................  Continuous Monitoring    CMS must be operating        No.
                                     System (CMS)             except during breakdown,
                                     Requirements.            out-of-control, repair,
                                                              maintenance, and high-
                                                              level calibration drifts.
Sec.   63.8(c)(4)(i)-(ii).........  Continuous Monitoring    COMS must have a minimum of  Yes. However, COMS are
                                     System (CMS)             one cycle of sampling and    not applicable.
                                     Requirements.            analysis for each            Requirements for CPMS
                                                              successive 10-second         are listed in Sec.
                                                              period and one cycle of      Sec.   63.7900 and
                                                              data recording for each      63.7913.
                                                              successive 6-minute
                                                              period. CEMS must have a
                                                              minimum of one cycle of
                                                              operation for each
                                                              successive 15-minute
                                                              period.
Sec.   63.8(c)(5).................  COMS Minimum Procedures  COMS minimum procedures....  No.
Sec.   63.8(c)(6).................  CMS Requirements.......  Zero and High level          Yes.
                                                              calibration check           However requirements
                                                              requirements.                for CPMS are
                                                                                           addressed in Sec.
                                                                                           63.7927.
Sec.   63.8(c)(7)-(8).............  CMS Requirements.......  Out-of-control periods,      Yes.
                                                              including reporting.

[[Page 369]]

 
Sec.   63.8(d)....................  CMS Quality Control....  Requirements for CMS         Yes.
                                                              quality control, including
                                                              calibration, etc. Must
                                                              keep quality control plan
                                                              on record for 5 years.
                                                              Keep old versions for 5
                                                              years after revisions.
Sec.   63.8(e)....................  CMS Performance          Notification, performance    Yes.
                                     Evaluation.              evaluation test plan,
                                                              reports.
Sec.   63.8(f)(1)-(5).............  Alternative Monitoring   Procedures for               Yes.
                                     Method.                  Administrator to approve
                                                              alternative monitoring.
Sec.   63.8(f)(6).................  Alternative to Relative  Procedures for               No.
                                     Accuracy Test.           Administrator to approve
                                                              alternative relative
                                                              accuracy tests for CEMS.
Sec.   63.8(g)(1)-(4).............  Data Reduction.........  COMS 6-minute averages       Yes. However, COMS are
                                                              calculated over at least     not applicable.
                                                              36 evenly spaced data        Requirements for CPMS
                                                              points. CEMS 1-hour          are addressed in Sec.
                                                              averages computed over at     Sec.   63.7900 and
                                                              least four equally spaced    63.7913.
                                                              data points.
Sec.   63.8(g)(5).................  Data Reduction.........  Data that cannot be used in  No.
                                                              computing averages for
                                                              CEMS and COMS.
Sec.   63.9(a)....................  Notification             Applicability and State      Yes.
                                     Requirements.            Delegation.
Sec.   63.9(b)(1)-(5).............  Initial Notifications..  Submit notification 120      Yes.
                                                              days after effective date.
                                                              Notification of intent to
                                                              construct/reconstruct;
                                                              Notification of
                                                              commencement of construct/
                                                              reconstruct; Notification
                                                              of startup. Contents of
                                                              each.
Sec.   63.9(c)....................  Request for Compliance   Can request if cannot        Yes.
                                     Extension.               comply by date or if
                                                              installed BACT/LAER.
Sec.   63.9(d)....................  Notification of Special  For sources that commence    Yes.
                                     Compliance               construction between
                                     Requirements for New     proposal and promulgation
                                     Source.                  and want to comply 3 years
                                                              after effective date.
Sec.   63.9(e)....................  Notification of          Notify Administrator 60      Yes.
                                     Performance Test.        days prior.
Sec.   63.9(f)....................  Notification of VE/      Notify Administrator 30      No.
                                     Opacity Test.            days prior.
Sec.   63.9(g)....................  Additional               Notification of performance  Yes. However, there
                                     Notifications When       evaluation. Notification     are no opacity
                                     Using CMS.               using COMS data.             standards.
                                                              Notification that exceeded
                                                              criterion for relative
                                                              accuracy.
Sec.   63.9(h)(1)-(6).............  Notification of          Contents. Due 60 days after  Yes.
                                     Compliance Status.       end of performance test or
                                                              other initial compliance
                                                              demonstration, except for
                                                              opacity/VE, which are due
                                                              30 days after. When to
                                                              submit to Federal vs.
                                                              State authority.
Sec.   63.9(i)....................  Adjustment of Submittal  Procedures for               Yes.
                                     Deadlines.               Administrator to approve
                                                              change in when
                                                              notifications must be
                                                              submitted.
Sec.   63.9(j)....................  Change in Previous       Must submit within 15 days   Yes.
                                     Information.             after the change.
Sec.   63.9(k)....................  Electronic reporting     Electronic reporting         Yes.
                                     procedures.              procedures for
                                                              notifications per Sec.
                                                              63.9(j).

[[Page 370]]

 
Sec.   63.10(a)...................  Recordkeeping/Reporting  Applies to all, unless       Yes.
                                                              compliance extension. When
                                                              to submit to Federal vs.
                                                              State authority.
                                                              Procedures for owners of
                                                              more than 1 source.
Sec.   63.10(b)(1)................  Recordkeeping/Reporting  General Requirements. Keep   Yes.
                                                              all records readily
                                                              available. Keep for 5
                                                              years.
Sec.   63.10(b)(2)(i) and (ii)....  Records related to SSM.  Exceedance of emission       No, for new sources
                                                              limit during startup,        for which initial
                                                              shutdown or malfunction.     startup is after
                                                                                           September 3, 2019.
                                                                                           Yes, for all other
                                                                                           affected sources
                                                                                           before January 7,
                                                                                           2021, and No
                                                                                           thereafter.
Sec.   63.10(b)(2)(iii)...........  Maintenance Records....  Maintenance on air           Yes.
                                                              pollution control
                                                              equipment..
Sec.   63.10(b)(2)(iv) and (v)....  Records related to SSM.  Actions during SSM.........  No, for new sources
                                                                                           for which initial
                                                                                           startup is after
                                                                                           September 3, 2019.
                                                                                           Yes, for all other
                                                                                           affected sources
                                                                                           before January 7,
                                                                                           2021, and No
                                                                                           thereafter.
Sec.   63.10(b)(2)(vi) and (x-xi).  CMS Records............  Malfunctions, inoperative,   Yes.
                                                              out-of-control.
                                                              Calibration checks.
                                                              Adjustments, maintenance.
Sec.   63.10(b)(2)(vii)-(ix)......  Records................  Measurements to demonstrate  Yes.
                                                              compliance with emissions
                                                              limitations. Performance
                                                              test, performance
                                                              evaluation, and visible
                                                              emissions observation
                                                              results. Measurements to
                                                              determine conditions of
                                                              performance tests and
                                                              performance evaluations.
Sec.   63.10(b)(2)(xii)...........  Records................  Records when under waiver..  Yes.
Sec.   63.10(b)(2)(xiii)..........  Records................  Records when using           No.
                                                              alternative to relative
                                                              accuracy test.
Sec.   63.10(b)(2)(xiv)...........  Records................  All documentation            Yes.
                                                              supporting Initial
                                                              Notification and
                                                              Notification of Compliance
                                                              Status.
Sec.   63.10(b)(3)................  Records................  Applicability                Yes.
                                                              Determinations.
Sec.   63.10(c)...................  Records................  Additional Records for CMS.  No.
Sec.   63.10(d)(1)................  General Reporting        Requirement to report......  Yes.
                                     Requirements.
Sec.   63.10(d)(2)................  Report of Performance    When to submit to Federal    Yes.
                                     Test Results.            or State authority.
Sec.   63.10(d)(3)................  Reporting Opacity or VE  What to report and when....  No.
                                     Observations.
Sec.   63.10(d)(4)................  Progress Reports.......  Must submit progress         Yes.
                                                              reports on schedule if
                                                              under compliance extension.

[[Page 371]]

 
Sec.   63.10(d)(5)................  Startup, Shutdown, and   Contents and submission....  No, see Sec.
                                     Malfunction Reports.                                  63.7951(b)(4).
Sec.   63.10(e)(1)-(2)............  Additional CMS Reports.  Must report results for      Yes. However, COMS are
                                                              each CEM on a unit Written   not applicable.
                                                              copy of performance
                                                              evaluation Three copies of
                                                              COMS performance
                                                              evaluation.
Sec.   63.10(e)(3)................  Reports................  Excess Emissions Reports...  No.
Sec.   63.10(e)(3)(i-iii).........  Reports................  Schedule for reporting       No.
                                                              excess emissions and
                                                              parameter monitor
                                                              exceedance (now defined as
                                                              deviations).
Sec.   63.10(e)(3)(iv-v)..........  Excess Emissions         Requirement to revert to     No.
                                     Reports.                 quarterly submission if
                                                              there is an excess
                                                              emissions and parameter
                                                              monitor exceedance (now
                                                              defined as deviations).
                                                              Provision to request
                                                              semiannual reporting after
                                                              compliance for one year.
                                                              Submit report by 30th day
                                                              following end of quarter
                                                              or calendar half. If there
                                                              has not been an exceedance
                                                              or excess emissions (now
                                                              defined as deviations),
                                                              report contents is a
                                                              statement that there have
                                                              been no deviations.
Sec.   63.10(e)(3)(iv-v)..........  Excess Emissions         Must submit report           No.
                                     Reports.                 containing all of the
                                                              information in Sec.  Sec.
                                                               63.10(c)(5-13) and
                                                              63.8(c)(7-8).
Sec.   63.10(e)(3)(vi-viii).......  Excess Emissions Report  Requirements for reporting   No.
                                     and Summary Report.      excess emissions for CMSs
                                                              (now called deviations).
                                                              Requires all of the
                                                              information in Sec.  Sec.
                                                               63.10(c)(5-13) and
                                                              63.8(c)(7-8).
Sec.   63.10(e)(4)................  Reporting COMS data....  Must submit COMS data with   No.
                                                              performance test data.
Sec.   63.10(f)...................  Waiver for               Procedures for               Yes.
                                     Recordkeeping/           Administrator to waive.
                                     Reporting.
Sec.   63.11......................  Control and work         Requirements for flares and  Yes.
                                     practice requirements.   alternative work practice
                                                              for equipment leaks.
Sec.   63.12......................  Delegation.............  State authority to enforce   Yes.
                                                              standards.
Sec.   63.13......................  Addresses..............  Addresses where reports,     Yes, only applicable
                                                              notifications, and           to those reports not
                                                              requests are sent.           required to be
                                                                                           submitted
                                                                                           electronically.
Sec.   63.14......................  Incorporation by         Test methods incorporated    Yes.
                                     Reference.               by reference.
Sec.   63.15......................  Availability of          Public and confidential      Yes.
                                     Information.             information.
----------------------------------------------------------------------------------------------------------------


[85 FR 41712, July 10, 2020, as amended at 85 FR 73913, Nov. 19, 2020]

[[Page 372]]



Subpart HHHHH_National Emission Standards for Hazardous Air Pollutants: 
                   Miscellaneous Coating Manufacturing

    Source: 68 FR 69185, Dec. 11, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.7980  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for miscellaneous coating manufacturing. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limits, operating limits, and 
work practice standards.



Sec.  63.7985  Am I subject to the requirements in this subpart?

    (a) You are subject to the requirements in this subpart if you own 
or operate miscellaneous coating manufacturing operations, as defined in 
paragraph (b) of this section, that meet the conditions specified in 
paragraphs (a)(1) through (4) of this section.
    (1) Are located at or are part of a major source of hazardous air 
pollutants (HAP) emissions, as defined in section 112(a) of the Clean 
Air Act (CAA);
    (2) Manufacture coatings as defined in Sec.  63.8105;
    (3) Process, use, or produce HAP; and
    (4) Are not part of an affected source under another subpart of this 
part 63.
    (b) Miscellaneous coating manufacturing operations include the 
facility-wide collection of equipment described in paragraphs (b)(1) 
through (4) of this section that is used to manufacture coatings as 
defined in Sec.  63.8105. Miscellaneous coating manufacturing operations 
also include cleaning operations.
    (1) Process vessels;
    (2) Storage tanks for feedstocks and products;
    (3) Components such as pumps, compressors, agitators, pressure 
relief devices, sampling connection systems, open-ended valves or lines, 
valves, connectors, and instrumentation systems; and
    (4) Wastewater tanks and transfer racks.
    (c) If the predominant use of a transfer rack loading arm or storage 
tank (including storage tanks in series) is associated with 
miscellaneous coating manufacturing, and the loading arm or storage tank 
is not part of an affected source under a subpart of this part 63, then 
you must assign the loading arm or storage tank to the miscellaneous 
coating manufacturing operations. If the predominant use cannot be 
determined, and the loading arm or storage tank is not part of an 
affected source under a subpart of this part 63, then you must assign 
the loading arm or storage tank to the miscellaneous coating 
manufacturing operations. If the use varies from year to year, then you 
must base the determination on the utilization that occurred during the 
year preceding December 11, 2003 or, if the loading arm or storage tank 
was not in operation during that year, you must base the use on the 
expected use for the first 5-year period after startup. You must include 
the determination in the notification of compliance status report 
specified in Sec.  63.8075(d). You must redetermine the predominant use 
at least once every 5 years after the compliance date.
    (d) The requirements for miscellaneous coating manufacturing sources 
in this subpart do not apply to operations described in paragraphs 
(d)(1) through (5) of this section.
    (1) Research and development facilities, as defined in section 
112(c)(7) of the CAA;
    (2) The affiliated operations located at an affected source under 
subparts GG (National Emission Standards for Aerospace Manufacturing and 
Rework Facilities), KK (National Emission Standards for the Printing and 
Publishing Industry), JJJJ (NESHAP: Paper and Other Web Coating), MMMM 
(National Emission Standards for Miscellaneous Metal Parts and Products 
Surface Coating Operations) and SSSS (NESHAP: Surface Coating of Metal 
Coil) of this part. Affiliated operations include, but are not limited 
to, mixing or dissolving of coating ingredients; coating mixing for 
viscosity adjustment, color tint or additive blending, or pH adjustment; 
cleaning of coating

[[Page 373]]

lines and coating line parts; handling and storage of coatings and 
solvent; and conveyance and treatment of wastewater;
    (3) Ancillary equipment such as boilers and incinerators (only those 
not used to comply with the emission limits in Tables 1 through 5 to 
this subpart), chillers and refrigeration systems, and other equipment 
that is not directly involved in the manufacturing of a coating (i.e., 
it operates as a closed system, and materials are not combined with 
materials used to manufacture the coating);
    (4) Quality assurance/quality control laboratories; or
    (5) Modifying a purchased coating in preparation for application at 
the purchasing facility.

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006; 85 
FR 49740, Aug. 14, 2020]



Sec.  63.7990  What parts of my plant does this subpart cover?

    (a) This subpart applies to each miscellaneous coating manufacturing 
affected source as defined in paragraph (b) of this section.
    (b) The miscellaneous coating manufacturing affected source is the 
miscellaneous coating manufacturing operations as defined in Sec.  
63.7985(b).
    (c) An affected source is a new affected source if you commenced 
construction or reconstruction after April 4, 2002, and you met the 
applicability criteria at the time you commenced construction or 
reconstruction.

[68 FR 69185, Dec. 11, 2003, as amended at 85 FR 49741, Aug. 14, 2020]

                            Compliance Dates



Sec.  63.7995  When do I have to comply with this subpart?

    Except as specified in Sec.  63.8090, you must comply with this 
subpart according to the requirements of this section.
    (a) Except as specified in paragraph (e) of this section, if you 
have a new affected source, you must comply with this subpart according 
to the requirements in paragraphs (a)(1) and (2) of this section.
    (1) If you start up your new affected source before December 11, 
2003, then you must comply with the requirements for new sources in this 
subpart no later than December 11, 2003.
    (2) If you start up your new affected source after December 11, 
2003, then you must comply with the requirements for new sources in this 
subpart upon startup of your affected source.
    (b) Except as specified in paragraph (e) of this section, if you 
have an existing affected source on December 11, 2003, then you must 
comply with the requirements for existing sources in this subpart no 
later than December 11, 2006.
    (c) [Reserved]
    (d) You must meet the notification requirements in Sec.  63.8070 
according to the schedule in Sec.  63.8070 and in 40 CFR part 63, 
subpart A. Some of the notifications must be submitted before you are 
required to comply with the emission limits, operating limits, and work 
practice standards in this subpart.
    (e) All affected sources that commenced construction or 
reconstruction on or after September 4, 2019, must be in compliance with 
the requirements listed in paragraphs (e)(1) through (5) of this section 
upon initial startup or no later than August 14, 2020, whichever is 
later. All affected sources that commenced construction or 
reconstruction before September 4, 2019, must be in compliance with the 
requirements listed in paragraphs (e)(1) through (5) of this section no 
later than August 14, 2023.
    (1) The general requirements specified in Sec. Sec.  63.8000(a)(2), 
(b)(2), (d)(8), and (f) and 63.8005(d)(5) and (h).
    (2) The reporting requirements specified in Sec.  63.8075(e)(5), 
(e)(6)(ii)(B) and (D), and (e)(6)(iii)(C) and (E).
    (3) The recordkeeping requirements specified in Sec.  63.8080(c), 
(e), (f), (h), and (i).
    (4) The definitions specified in Sec.  63.8105.
    (5) The general provisions as specified in Table 10 to this subpart.

[68 FR 69185, Dec. 11, 2003; 68 FR 75033, Dec. 29, 2003, as amended at 
70 FR 25681, May 13, 2005; 71 FR 58503, Oct. 4, 2006; 85 FR 49741, Aug. 
14, 2020]

[[Page 374]]

  Emission Limits, Work Practice Standards, and Compliance Requirements



Sec.  63.8000  What are my general requirements for complying with this 
subpart?

    (a) Applicability. You must comply with paragraphs (a)(1) and (2) of 
this section.
    (1) Except as specified in paragraph (a)(2) of this section, you 
must be in compliance with the emission limits and work practice 
standards in Tables 1 through 5 to this subpart at all times, except 
during periods of startup, shutdown, and malfunction. You must meet the 
requirements specified in paragraphs (b) and (c) of this section. You 
must meet the requirements specified in Sec. Sec.  63.8005 through 
63.8030 (or the alternative means of compliance in Sec.  63.8050), 
except as specified in paragraph (d) of this section. You must meet the 
notification, reporting, and recordkeeping requirements specified in 
Sec. Sec.  63.8070, 63.8075, and 63.8080.
    (2) Beginning on the compliance dates specified in Sec.  63.7995(e), 
paragraph (a)(1) of this section no longer applies. Instead, beginning 
no later than the compliance dates specified in Sec.  63.7995(e), you 
must be in compliance with the emission limits and work practice 
standards in Tables 1 through 5 to this subpart at all times. You must 
meet the requirements specified in paragraphs (b) and (c) of this 
section. You must meet the requirements specified in Sec. Sec.  63.8005 
through 63.8030 (or the alternative means of compliance in Sec.  
63.8050), except as specified in paragraph (d) of this section. You must 
meet the notification, reporting, and recordkeeping requirements 
specified in Sec. Sec.  63.8070, 63.8075, and 63.8080.
    (b) General requirements. (1) If an emission stream contains halogen 
atoms, and you use a combustion-based control device (excluding a flare) 
to meet an organic HAP emission limit, you must determine whether the 
emission stream meets the definition of a halogenated stream by 
calculating the concentration of each organic compound that contains 
halogen atoms using the procedures specified in Sec.  63.115(d)(2)(v), 
multiplying each concentration by the number of halogen atoms in the 
organic compound, and summing the resulting halogen atom concentrations 
for all of the organic compounds in the emission stream. Alternatively, 
you may elect to designate the emission stream as halogenated.
    (2) You must comply with paragraphs (b)(2)(i) and (ii) of this 
section.
    (i) Except as specified in paragraph (b)(2)(ii) of this section, 
opening of a safety device, as defined in Sec.  63.8105, is allowed at 
any time conditions require it to avoid unsafe conditions.
    (ii) Beginning on the compliance dates specified in Sec.  
63.7995(e), paragraph (b)(2)(i) of this section no longer applies. 
Instead, opening of a safety device, as defined in Sec.  63.8105, is 
considered a deviation, as defined in Sec.  63.8105, unless it is a 
bypass of a control for a process vessel and accounted for as specified 
in Sec.  63.8005(h).
    (c) Compliance requirements for closed vent systems and control 
devices. If you use a control device to comply with an emission limit in 
Table 1, 2, or 5 to this subpart, you must comply with the requirements 
in subpart SS of 40 CFR part 63 as specified in paragraphs (c)(1) 
through (3) of this section, except as specified in paragraph (d) of 
this section.
    (1) If you reduce organic HAP emissions by venting emissions through 
a closed-vent system to any combination of control devices (except a 
flare), you must meet the requirements of Sec.  63.982(c) and the 
requirements referenced therein.
    (2) If you reduce organic HAP emissions by venting emissions through 
a closed-vent system to a flare, you must meet the requirements of Sec.  
63.982(b) and the requirements referenced therein. You may not use a 
flare to control halogenated vent streams or hydrogen halide and halogen 
HAP emissions.
    (3) If you use a halogen reduction device to reduce hydrogen halide 
and halogen HAP emissions that are generated by combusting halogenated 
vent streams, you must meet the requirements of Sec.  63.994, except as 
specified in paragraph (f) of this section, and the requirements 
referenced therein. If you use a halogen reduction device before a 
combustion device, you must determine the halogen atom emission rate

[[Page 375]]

prior to the combustion device according to the procedures in Sec.  
63.115(d)(2)(v).
    (d) Exceptions to the requirements specified in other subparts of 
this part 63--(1) (1) Requirements for performance tests. The 
requirements specified in paragraphs (d)(1)(i) through (vi) of this 
section apply instead of or in addition to the requirements for 
performance testing of control devices as specified in subpart SS of 
this part.
    (i) Conduct gas molecular weight analysis using Method 3, 3A, or 3B 
in appendix A to 40 CFR part 60. As an alternative to EPA Method 3B for 
the manual procedures only and not the instrumental procedures, you may 
use ANSI/ASME PTC 19-10-1981 Part 10 (incorporated by reference, see 
Sec.  63.14) as an acceptable alternative.
    (ii) Measure moisture content of the stack gas using Method 4 in 
appendix A to 40 CFR part 60.
    (iii) As an alternative to using Method 18, Method 25/25A, or Method 
26/26A of 40 CFR part 60, appendix A, to comply with any of the emission 
limits specified in Tables 1 through 6 to this subpart you may use the 
alternatives specified in paragraph (d)(1)(iii)(A) or (B) of this 
section.
    (A) As an alternative to using Method 18, Method 25/25A, or Method 
26/26A of 40 CFR part 60, appendix A, you may use Method 320 of appendix 
A to this part. When using Method 320, you must follow the analyte 
spiking procedures of section 13 of Method 320, unless you demonstrate 
that the complete spiking procedure has been conducted at a similar 
source. As an alternative to Method 320 of appendix A to this part, you 
may use ASTM Method D6348-12e1 (incorporated by reference, see Sec.  
63.14), with the caveats that the test plan preparation and 
implementation in the Annexes to ASTM Method D6348-12el, Sections Al 
through A8 are mandatory; and in ASTM Method D6348-12e1 Annex A5 
(Analyte Spiking Technique), the percent (%) R must be determined for 
each target analyte (Equation A5.5). In order for the test data to be 
acceptable for a compound, %R must be 70% = R <= 130%. If the 
%R value does not meet this criterion for a target compound, the test 
data is not acceptable for that compound and the test must be repeated 
for that analyte (i.e., the sampling and/or analytical procedure should 
be adjusted before a retest). The %R value for each compound must be 
reported in the test report, and all field measurements must be 
corrected with the calculated %R value for that compound by using the 
following equation:

Reported Results = (Measured Concentration in the Stack x 100)/% R.

    (B) As an alternative to using EPA Method 18, you may also use ASTM 
D6420-18 (incorporated by reference, see Sec.  63.14), but only when the 
target compounds are all known and the target compounds are all listed 
in ASTM D6420-18 as measurable; ASTM D6420-18 should not be used for 
methane and ethane; and ASTM D6420-18 may not be used as a total VOC 
method.
    (iv) Section 63.997(c)(1) does not apply. For the purposes of this 
subpart, results of all initial compliance demonstrations must be 
included in the notification of compliance status report, which is due 
150 days after the compliance date, as specified in Sec.  63.8075(d)(1).
    (v) If you do not have a closed-vent system as defined in Sec.  
63.981, you must determine capture efficiency using Method 204 of 
appendix M to 40 CFR part 51 for all stationary process vessels subject 
to requirements of Table 1 to this subpart.
    (vi) You must conduct periodic performance tests and establish the 
operating limits required by Sec. Sec.  63.8005(e), 63.8010(b)(1), and 
63.8050(d)(3) within 5 years following the previous performance test. 
You must conduct the initial or first periodic performance test before 
August 14, 2023, unless you are already required to complete periodic 
performance tests as a requirement of renewing your facility's operating 
permit under 40 CFR part 70 or 71, and have conducted a performance test 
on or after August 15, 2018. Thereafter you must conduct a performance 
test no later than 5 years following the previous performance test. 
Operating limits must be confirmed or reestablished during each 
performance test.
    (2) [Reserved]
    (3) Periodic verification. For a control device with total inlet HAP 
emissions less than 1 ton per year (tpy), you must establish at least 
one operating limit for a parameter that you will measure and record at 
least once per averaging

[[Page 376]]

period (i.e., daily or block) to verify that the control device is 
operating properly. You may elect to measure the same parameter that is 
required for control devices that control inlet HAP emissions equal to 
or greater than 1 tpy. If the parameter will not be measured 
continuously, you must request approval of your proposed procedure in 
the precompliance report. You must identify the operating limit or range 
and the measurement frequency, and you must provide rationale to support 
how these measurements demonstrate the control device is operating 
properly.
    (4) Continuous emissions monitoring systems. Each continuous 
emissions monitoring system (CEMS) must be installed, operated, and 
maintained according to the requirements in Sec.  63.8 and paragraphs 
(d)(4)(i) through (iv) of this section.
    (i) Each CEMS must be installed, operated, and maintained according 
to the applicable Performance Specification of 40 CFR part 60, appendix 
B, and according to paragraph (d)(4)(ii) of this section, except as 
specified in paragraph (d)(4)(i)(A) of this section. For any CEMS 
meeting Performance Specification 8, you must also comply with appendix 
F, procedure 1 of 40 CFR part 60.
    (A) If you wish to use a CEMS other than a Fourier Transform 
Infrared Spectroscopy (FTIR) meeting the requirements of Performance 
Specification 15 in appendix B to 40 CFR part 60 or a hydrogen chloride 
(HCl) CEMS meeting the requirements of Performance Specification 18 in 
appendix B to 40 CFR part 60 and Quality Assurance Procedure 6 in 
appendix F to 40 CFR part 60 to measure hydrogen halide and halogen HAP 
before we promulgate a Performance Specification for such CEMS, you must 
prepare a monitoring plan and submit it for approval in accordance with 
the procedures specified in Sec.  63.8.
    (B) [Reserved]
    (ii) You must determine the calibration gases and reporting units 
for TOC CEMS in accordance with paragraph (d)(4)(ii)(A), (B), or (C) of 
this section.
    (A) For CEMS meeting Performance Specification 9 or 15 requirements, 
determine the target analyte(s) for calibration using either process 
knowledge of the control device inlet stream or the screening procedures 
of Method 18 on the control device inlet stream.
    (B) For CEMS meeting Performance Specification 8 used to monitor 
performance of a combustion device, calibrate the instrument on the 
predominant organic HAP and report the results as carbon 
(C1), and use Method 25A or any approved alternative as the 
reference method for the relative accuracy tests.
    (C) For CEMS meeting Performance Specification 8 used to monitor 
performance of a noncombustion device, determine the predominant organic 
HAP using either process knowledge or the screening procedures of Method 
18 in appendix A-6 to 40 CFR part 60 on the control device inlet stream, 
calibrate the monitor on the predominant organic HAP, and report the 
results as C1. Use Method 18, ASTM D6420-18 (incorporated by 
reference, see Sec.  63.14), or any approved alternative as the 
reference method for the relative accuracy tests, and report the results 
as C1.
    (iii) You must conduct a performance evaluation of each CEMS 
according to the requirements in 40 CFR 63.8 and according to the 
applicable Performance Specification of 40 CFR part 60, appendix B, 
except that the schedule in Sec.  63.8(e)(4) does not apply, and the 
results of the performance evaluation must be included in the 
notification of compliance status report.
    (iv) The CEMS data must be reduced to operating day or operating 
block averages computed using valid data, except monitoring data also 
are sufficient to constitute a valid hour of data if measured values are 
available for at least two of the 15-minute periods during an hour when 
calibration, quality assurance, or maintenance activities are being 
performed. An operating block is a period of time from the beginning to 
end of batch operations in the manufacturing of a coating. Operating 
block averages may be used only for process vessel data.
    (5) Continuous parameter monitoring. The provisions in paragraphs 
(d)(5)(i) through (iii) of this section apply in addition to the 
requirements for continuous parameter monitoring system

[[Page 377]]

(CPMS) in subpart SS of 40 CFR part 63.
    (i) You must record the results of each calibration check and all 
maintenance performed on the CPMS as specified in Sec.  
63.998(c)(1)(ii)(A).
    (ii) When subpart SS of 40 CFR part 63 uses the term a range or 
operating range of a monitored parameter, it means an operating limit 
for a monitored parameter for the purposes of this subpart.
    (iii) As an alternative to measuring pH as specified in Sec.  
63.994(c)(1)(i), you may elect to continuously monitor the caustic 
strength of the scrubber effluent.
    (6) Startup, shutdown, and malfunction. Sections 63.998(b)(2)(iii) 
and (b)(6)(i)(A), which apply to the exclusion of monitoring data 
collected during periods of startup, shutdown, and malfunction (SSM) 
from daily averages, do not apply for the purposes of this subpart.
    (7) Reporting. (i) When Sec. Sec.  63.8005 through 63.8025 reference 
other subparts in this part 63 that use the term periodic report, it 
means compliance report for the purposes of this subpart.
    (ii) When there are conflicts between this subpart and referenced 
subparts for the due dates of reports required by this subpart, reports 
must be submitted according to the due dates presented in this subpart.
    (iii) Excused excursions, as defined in subpart SS of 40 CFR part 
63, are not allowed.
    (8) Quality control program. Beginning no later than the compliance 
dates specified in Sec.  63.7995(e), in lieu of the requirements 
specified in Sec.  63.8(d)(3), you must keep the written quality control 
program procedures required by Sec.  63.8(d)(2) on record for the life 
of the affected source or until the affected source is no longer subject 
to the provisions of this part, to be made available for inspection, 
upon request, by the Administrator. If the performance evaluation plan 
is revised, you shall keep previous (i.e., superseded) versions of the 
performance evaluation plan on record to be made available for 
inspection, upon request, by the Administrator, for a period of 5 years 
after each revision to the plan. The program of corrective action should 
be included in the plan required under Sec.  63.8(d)(2).
    (e) General duty. Beginning no later than August 14, 2023, at all 
times, you must operate and maintain any affected source, including 
associated air pollution control equipment and monitoring equipment, in 
a manner consistent with safety and good air pollution control practices 
for minimizing emissions. The general duty to minimize emissions does 
not require you to make any further efforts to reduce emissions if 
levels required by 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) Removal of startup, shutdown, and malfunction requirements. 
Beginning on the compliance dates specified in Sec.  63.7995(e), the 
referenced provisions specified in paragraphs (f)(1) through (22) of 
this section do not apply when demonstrating compliance with this 
subpart through referenced provisions of subparts SS, UU, and TT of this 
part.
    (1) Section 63.983(a)(5).
    (2) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec.  
63.984(a).
    (3) The phrase ``except during periods of start-up, shutdown and 
malfunction as specified in the referencing subpart'' in Sec.  
63.985(a).
    (4) The phrase ``other than start-ups, shutdowns, or malfunctions'' 
in Sec.  63.994(c)(1)(ii)(D).
    (5) Section 63.996(c)(2)(ii).
    (6) Section 63.997(e)(1)(i).
    (7) The term ``breakdowns'' from Sec.  63.998(b)(2)(i).
    (8) Section 63.998(b)(2)(iii).
    (9) The phrase ``other than periods of startups, shutdowns, and 
malfunctions'' from Sec.  63.998(b)(5)(i)(A).
    (10) The phrase ``other than periods of startups, shutdowns, and 
malfunctions'' from Sec.  63.998(b)(5)(i)(C).

[[Page 378]]

    (11) The phrase ``, except as provided in paragraphs (b)(6)(i)(A) 
and (B) of this section'' from Sec.  63.998(b)(6)(i).
    (12) The second sentence of Sec.  63.998(b)(6)(ii).
    (13) Section 63.998(c)(1)(ii)(D), (E), (F), and (G).
    (14) Section 63.998(d)(1)(ii).
    (15) Section 63.998(d)(3)(i) and (ii).
    (16) The phrase ``may be included as part of the startup, shutdown, 
and malfunction plan, as required by the referencing subpart for the 
source, or'' from Sec.  63.1005(e)(4)(i).
    (17) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1007(e)(1)(ii)(A).
    (18) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1009(e)(1)(i)(A).
    (19) The phrase ``(except during periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1012(b)(1).
    (20) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1026(e)(1)(ii)(A).
    (21) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1028(e)(1)(i)(A).
    (22) The phrase ``(except periods of startup, shutdown, or 
malfunction)'' from Sec.  63.1031(b)(1).

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005; 85 
FR 49741, Aug. 14, 2020; 85 FR 75235, Nov. 25, 2020]



Sec.  63.8005  What requirements apply to my process vessels?

    (a) General. (1) You must meet each emission limit and work practice 
standard in Table 1 to this subpart that applies to you, and you must 
meet each applicable requirement specified in Sec.  63.8000(b), except 
as specified in paragraphs (a)(1)(i) and (ii) of this section.
    (i) You are not required to meet the emission limits and work 
practice standards in Table 1 to this subpart if you comply with Sec.  
63.8050 or Sec.  63.8055.
    (ii) You must meet the emission limits and work practice standards 
in Table 1 to this subpart for emissions from automatic cleaning 
operations. You are not required to meet the emission limits and work 
practice standards in Table 1 to this subpart for emissions from 
cleaning operations that are conducted manually.
    (2) For each control device used to comply with Table 1 to this 
subpart, you must comply with subpart SS of this part as specified in 
Sec.  63.8000(c), except as specified in Sec.  63.8000(d) and (f) and 
paragraphs (b) through (g) of this section.
    (b) When subpart SS of this part 63 refers to process vents, it 
means process vessel vents for the purposes of this section.
    (c) Process condensers, as defined in Sec.  63.1251, are not 
considered to be control devices for process vessels.
    (d) Initial compliance. (1) To demonstrate initial compliance with a 
percent reduction emission limit in Table 1 to this subpart, you must 
conduct the performance test or design evaluation under conditions as 
specified in Sec.  63.7(e)(1), except as specified in paragraph (d)(5) 
of this section, and except that the performance test or design 
evaluation must be conducted under worst-case conditions. Also, the 
performance test for a control device used to control emissions from 
process vessels must be conducted according to Sec.  63.1257(b)(8), 
including the submittal of a site-specific test plan for approval prior 
to testing. The requirements in Sec.  63.997(e)(1)(i) and (iii) also do 
not apply for performance tests conducted to determine compliance with 
the emission limits for process vessels.
    (2) For the initial compliance demonstration for condensers, you 
must determine uncontrolled emissions using the procedures specified in 
Sec.  63.1257(d)(2), and you must determine controlled emissions using 
the procedures specified in Sec.  63.1257(d)(3)(i)(B) and (iii).
    (3) You must demonstrate that each process condenser is properly 
operated according to the procedures specified in Sec.  
63.1257(d)(2)(i)(C)(4)(ii) and (d)(3)(iii)(B). The reference in Sec.  
63.1257(d)(3)(iii)(B) to the alternative standard in Sec.  63.1254(c) 
does not apply for the purposes of this subpart. As an alternative to 
measuring the exhaust gas temperature, as required by Sec.  
63.1257(d)(3)(iii)(B), you may elect to measure the liquid temperature 
in the receiver.
    (4) You must conduct a performance test or compliance demonstration 
equivalent to an initial compliance

[[Page 379]]

demonstration within 360 hours of a change in operating conditions that 
are not considered to be within the previously established worst-case 
conditions.
    (5) Beginning on the compliance dates specified in Sec.  63.7995(e), 
Sec.  63.7(e)(1) no longer applies and performance tests shall be 
conducted under such conditions as the Administrator specifies to the 
owner or operator based on representative performance of the affected 
source for the period being tested. Representative conditions exclude 
periods of startup and shutdown unless specified by the Administrator or 
an applicable subpart. The owner or operator may not conduct performance 
tests during periods of malfunction. The owner or operator must record 
the process information that is necessary to document operating 
conditions during the test and include in such record an explanation to 
support that such conditions represent normal operation. Upon request, 
the owner or operator shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests.
    (e) Establishing operating limits. You must establish operating 
limits under the conditions required for your initial compliance 
demonstration and periodic performance tests, except you may elect to 
establish operating limit(s) for conditions other than those under which 
a performance test was conducted as specified in paragraph (e)(1) of 
this section and, if applicable, paragraph (e)(2) of this section.
    (1) The operating limits may be based on the results of the 
performance test and supplementary information such as engineering 
assessments and manufacturer's recommendations. These limits may be 
established for conditions as unique as individual emission episodes. 
You must provide rationale in the precompliance report for the specific 
level for each operating limit, including any data and calculations used 
to develop the limit and a description of why the limit indicates proper 
operation of the control device. The procedures provided in this 
paragraph (e)(1) have not been approved by the Administrator and 
determination of the operating limit using these procedures is subject 
to review and approval by the Administrator.
    (2) If you elect to establish separate operating limits for 
different emission episodes, you must maintain records as specified in 
Sec.  63.8080(g) of each point at which you change from one operating 
limit to another, even if the duration of the monitoring for an 
operating limit is less than 15 minutes.
    (f) Averaging periods. If you elect to establish separate operating 
limits for different emission episodes, you may elect to determine 
operating block averages instead of the daily averages specified in 
Sec.  63.998(b)(3). An operating block is a period of time that is equal 
to the time from the beginning to end of an emission episode or sequence 
of emission episodes.
    (g) Flow indicators. If flow to a control device could be 
intermittent or bypassed, you must install, calibrate, and operate a 
flow indicator at the inlet or outlet of the control device to identify 
periods of no flow, or you must comply with the alternatives 
requirements of paragraph (g)(1) or (2) of this section. Periods of no 
flow may not be used in daily or block averages. You must perform a flow 
meter verification check annually for at least two points: One at the 
instrument's zero and the other at the instrument's span.
    (1) You must use a valve position or bypass damper position 
indicator that provides a continuous reading and record of the bypass 
valve or damper position when the control device is in operation. You 
must inspect the monitoring system semiannually to verify that the 
monitor will indicate valve position.
    (2) You must secure the bypass line valve or bypass damper in the 
non-diverting position with a car-seal or a lock-and-key type 
configuration. You must visually inspect the seal or closure mechanism 
at least once every month to ensure that the valve is maintained in the 
non-diverting position and that the vent stream is not diverted through 
the bypass line. You must also record the occurrence of all periods when 
the seal or closure mechanism is broken, or the key for a lock-and-key 
type lock has been checked out.

[[Page 380]]

    (h) Bypass. Beginning no later than the compliance date specified in 
Sec.  63.7995(e), when determining compliance with the percent emission 
reduction requirements in Table 1 to this subpart, you must account for 
the time that the control device was bypassed. You must use Equation 1 
to this section to determine the allowable total hours of bypass for 
each semi-annual compliance period. To demonstrate compliance, the 
actual total hours of bypass must not exceed the allowable total hours 
of bypass calculated by Equation 1 to this section.
[GRAPHIC] [TIFF OMITTED] TR14AU20.000

Tbyp = Total allowable source operating time (hours) when the 
control device for stationary process vessels can be bypassed during the 
semiannual compliance period for any reason.
R = Control efficiency of control device, percent, as determined by 
Equation 6 in Sec.  63.997(e)(2)(iv)(C).
OCE = The applicable percent emission reduction requirement in Table 1 
to this subpart.
Top = Total source operating time (hours) for stationary 
process vessels during the semiannual compliance period.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005; 85 
FR 49743, Aug. 14, 2020]



Sec.  63.8010  What requirements apply to my storage tanks?

    (a) Introduction. You must meet each emission limit in Table 2 to 
this subpart that applies to your storage tanks, and you must meet each 
applicable requirement specified in Sec.  63.8000(b). For each control 
device used to comply with Table 2 to this subpart, you must comply with 
subpart SS of this part as specified in Sec.  63.8000(c), except as 
specified in Sec.  63.8000(d) and (f) and paragraphs (b) through (d) of 
this section.
    (b) Exceptions to subparts SS and WW of this part 63. (1) If you 
conduct a performance test or design evaluation for a control device 
used to control emissions only from storage tanks, you must establish 
operating limits, conduct monitoring, and keep records using the same 
procedures as required in subpart SS of this part 63 for control devices 
used to reduce emissions from process vents instead of the procedures 
specified in Sec. Sec.  63.985(c), 63.998(d)(2)(i), and 63.999(b)(2).
    (2) When the term storage vessel is used in subparts SS and WW of 
this part 63, the term storage tank, as defined in Sec.  63.8105 applies 
for the purposes of this subpart.
    (c) Planned routine maintenance. The emission limits in Table 2 to 
this subpart for control devices used to control emissions from storage 
tanks do not apply during periods of planned routine maintenance. 
Periods of planned routine maintenance of each control device, during 
which the control device does not meet the emission limit specified in 
Table 2 to this subpart, must not exceed 240 hours per year (hr/yr). You 
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 tank between the time the 240 hr/yr limit is 
exceeded and the control device is again operational, and it must be 
submitted at least 60 days before the 240 hr/yr limit will be exceeded.
    (d) Vapor balancing alternative. As an alternative to the emission 
limits specified in Table 2 to this subpart, you may elect to implement 
vapor balancing in accordance with Sec.  63.1253(f), except as specified 
in paragraphs (d)(1) and (2) of this section.
    (1) To comply with Sec.  63.1253(f)(6)(i), the owner or operator of 
an offsite cleaning and reloading facility must comply with Sec. Sec.  
63.7995 through 63.8105 instead of complying with Sec.  
63.1253(f)(7)(ii).

[[Page 381]]

    (2) You may elect to set a pressure relief device to a value less 
than the 2.5 psig required in Sec.  63.1253(f)(5) if you provide 
rationale in your notification of compliance status report explaining 
why the alternative value is sufficient to prevent breathing losses at 
all times.

[68 FR 69185, Dec. 11, 2003, as amended at 85 FR 49743, Aug. 14, 2020]



Sec.  63.8015  What requirements apply to my equipment leaks?

    (a) You must meet each requirement in Table 3 to this subpart that 
applies to your equipment leaks, except as specified in paragraphs (b) 
through (d) of this section.
    (b) Exceptions to requirements in Sec.  63.424(a). (1) When Sec.  
63.424(a) refers to ``a bulk gasoline terminal or pipeline breakout 
station subject to the provisions of this subpart,'' the phrase ``a 
miscellaneous coating manufacturing affected source subject to 40 CFR 
part 63, subpart HHHHH'' shall apply for the purposes of this subpart.
    (2) When Sec.  63.424(a) refers to ``equipment in gasoline 
service,'' the phrase ``equipment in organic HAP service'' shall apply 
for the purposes of this subpart.
    (3) When Sec.  63.424(a) specifies that ``each piece of equipment 
shall be inspected during loading of a gasoline cargo tank,'' the phrase 
``each piece of equipment must be inspected when it is operating in 
organic HAP service'' shall apply for the purposes of this subpart.
    (4) Equipment in service less than 300 hours per year, equipment in 
vacuum service, or equipment contacting non-process fluids is excluded 
from this section.
    (c) When Sec.  63.1036 refers to batch processes, any part of the 
miscellaneous coating manufacturing operations applies for the purposes 
of this subpart.
    (d) For the purposes of this subpart, pressure testing for leaks in 
accordance with Sec.  63.1036(b) is not required after reconfiguration 
of an equipment train if flexible hose connections are the only 
disturbed equipment.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25681, May 13, 2005]



Sec.  63.8020  What requirements apply to my wastewater streams?

    (a) You must meet each requirement in Table 4 to this subpart that 
applies to your wastewater streams, and you must meet each applicable 
requirement specified in Sec.  63.8000 and paragraphs (b) through (d) of 
this section.
    (b) For each wastewater stream that you generate, you must either 
designate the wastewater stream as a Group 1 wastewater stream according 
to the procedures in paragraph (b)(1) of this section, or you must 
determine whether the wastewater stream is a Group 1 wastewater stream 
according to the procedures in paragraph (b)(2) of this section.
    (1) You may designate any wastewater stream as a Group 1 wastewater 
stream. You do not have to determine the concentration for any 
designated Group 1 wastewater stream.
    (2) For wastewater streams that you do not designate as Group 1 
wastewater streams, you must use the procedures specified in Sec.  
63.144(b) to establish the concentrations, except as specified in 
paragraphs (b)(2)(i) and (ii) of this section.
    (i) References to Table 8 compounds in Sec.  63.144 do not apply for 
the purposes of this subpart.
    (ii) Alternative test methods. (A) As an alternative to the test 
methods specified in Sec.  63.144(b)(5)(i), you may use Method 8260 or 
8270 as specified in Sec.  63.1257(b)(10)(iii).
    (B) As an alternative to using the methods specified in Sec.  
63.144(b)(5)(i), you 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 you use Method 1666 or 1671 of 40 CFR part 136, appendix A.
    (c) For each enhanced biological treatment unit used to comply with 
the requirements in Table 4 to this subpart, you must monitor total 
suspended solids (TSS), biological oxygen demand (BOD), and the biomass 
concentration. In the precompliance report you must identify and provide 
rationale for proposed operating limits

[[Page 382]]

for these parameters, methods for monitoring, the frequency of 
monitoring, and recordkeeping and reporting procedures that will 
demonstrate proper operation of the enhanced biological treatment unit. 
Alternatively, you may use the precompliance report to request to 
monitor other parameters, and you must include a description of planned 
reporting and recordkeeping procedures and the basis for the selected 
monitoring frequencies and the methods that will be used.
    (d) If you transfer the wastewater offsite for enhanced biological 
treatment, you must obtain written certification from the offsite 
facility stating that the offsite facility will comply with the 
requirements of this subpart. The certifying entity may revoke the 
certification by providing 90 days notice. Upon expiration of the notice 
period, you may not transfer wastewater to that treatment facility.



Sec.  63.8025  What requirements apply to my transfer operations?

    (a) You must comply with each emission limit and work practice 
standard in Table 5 to this subpart that applies to your transfer 
operations, and you must meet all applicable requirements specified in 
Sec.  63.8000(b). For each control device used to comply with Table 5 to 
this subpart, you must comply with subpart SS of this part as specified 
in Sec.  63.8000(c), except as specified in Sec.  63.8000(d) and (f) and 
paragraph (b) of this section.
    (b) If you have Group 1 transfer operations, as defined in Sec.  
63.8105, then all transfer racks used for bulk loading coatings must 
meet the requirements for high throughput transfer racks in subpart SS 
of this part.

[68 FR 69185, Dec. 11, 2003, as amended at 85 FR 49743, Aug. 14, 2020]



Sec.  63.8030  What requirements apply to my heat exchange systems?

    (a) You must comply with the requirements specified in Table 6 to 
this subpart that apply to your heat exchange systems, except as 
specified in paragraphs (b) through (e) of this section.
    (b) The phrase a chemical manufacturing process unit meeting the 
conditions of Sec.  63.100(b)(1) through (b)(3) of this section in Sec.  
63.104(a) means the miscellaneous coating manufacturing operations 
defined in Sec.  63.7985(b) for the purposes of this subpart.
    (c) The reference to Sec.  63.100(c) in Sec.  63.104(a) does not 
apply for the purposes of this subpart.
    (d) The reference to Sec.  63.103(c)(1) in Sec.  63.104(f)(1) does 
not apply. For the purposes of this subpart, records must be retained as 
specified in Sec.  63.10(b)(1).
    (e) The reference to the periodic report required by Sec.  63.152(c) 
of subpart G of this part means the compliance report required by Sec.  
63.8075(e) for the purposes of this subpart.

                     Alternative Means of Compliance



Sec.  63.8050  How do I comply with emissions averaging for stationary
process vessels at existing sources?

    (a) As an alternative to complying with the requirements in Table 1 
to this subpart for each individual stationary process vessel, you may 
elect to comply with emissions averaging for stationary process vessels 
greater than or equal to 250 gallons (gal) at your existing affected 
source as specified in paragraphs (b) through (e) of this section.
    (b) General requirements. (1) A State may prohibit averaging of HAP 
emissions and require the owner or operator of an existing affected 
source to comply with the emission limits and work practice standards in 
Table 1 to this subpart.
    (2) All stationary process vessels in an emissions averaging group 
must be equipped with a tightly-fitting vented cover.
    (c) Initial compliance. To demonstrate initial compliance with the 
emissions averaging alternative, you must comply with the provisions in 
paragraphs (c)(1) through (4) of this section.
    (1) Estimate uncontrolled emissions from each affected stationary 
process vessel in pounds per batch using the procedures specified in 
Sec.  63.1257(d)(2), except as specified in paragraphs (c)(1)(i) and 
(ii) of this section. For the purposes of this section, uncontrolled 
emissions means the emissions from the vessel if it were equipped only 
with a tightly-fitting vented cover. You

[[Page 383]]

must identify the range of typical operating parameters and perform the 
calculation using the values that result in the highest emissions, and 
you must document the operating parameters and resulting emissions 
calculations in the precompliance report.
    (i) When you are required to calculate uncontrolled emissions from 
heating, you may not calculate emissions using Equation 13 of subpart 
GGG of this part 63.
    (ii) The statement in Sec.  63.1257(d)(2)(i)(B) that ``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 scfm'' does not apply. For 
the purposes of this subpart, multiply the HAP partial pressure in 
Equation 12 of 40 CFR part 63, subpart GGG by a HAP-specific saturation 
factor determined in accordance with Equations 1 through 3 of this 
section. Solve equation 1 of this section iteratively beginning with 
saturation factors (in the right-hand side of the equation) of 1.0 for 
each condensable compound. Stop iterating when the calculated saturation 
factors for all compounds are the same to two significant figures for 
subsequent iterations. Note that for multi-component emission streams, 
saturation factors must be calculated for all condensable compounds, not 
just the HAP.
[GRAPHIC] [TIFF OMITTED] TR11DE03.001

[GRAPHIC] [TIFF OMITTED] TR11DE03.002

[GRAPHIC] [TIFF OMITTED] TR11DE03.003

where:

S1 = saturation factor for individual condensable compounds 
          in the emission stream
Pi = partial pressure of individual condensable compounds in 
          the emission stream calculated using Raoult's Law or other 
          appropriate methods
PT = pressure of the vessel vapor space
A = surface area of liquid
V = purge flow rate as used in Equation 12 of 40 CFR part 63, subpart 
          GGG
Vi\sat\ = volumetric flowrate of condensable compounds in the 
          emission stream
Ki = mass transfer coefficient of individual condensable 
          compounds in the emission stream
Ko = mass transfer coefficient of a reference compound (e.g., 
          0.83 cm/s for water)
Mo = molecular weight of reference compound (e.g., 18.02 for 
          water)
Mi = molecular weight of individual condensable compounds in 
          the emission stream
n = number of condensable compounds in the emission stream

    (2) Estimate controlled emissions in pounds per batch for each 
vessel as specified in paragraphs (c)(2)(i) through (iii) of this 
section.
    (i) Except as specified in paragraphs (c)(2)(ii) and (iii) of this 
section, estimate controlled emissions as if the vessel were controlled 
in compliance with entry 2.b.i. in Table 1 to this subpart.
    (ii) Estimate the controlled emissions using the control level 
achieved on November 15, 1990 if that value is greater than the 
applicable control level required by entry 2.b.i in Table 1 to this 
subpart.
    (iii) Estimate the controlled emissions using the control level 
required to comply with a State or Federal rule other than this subpart 
if that level is greater than the applicable control level required by 
entry 2.b.i in Table 1 to this subpart and the other rule was in effect 
before the date when you request approval to comply with emissions 
averaging.
    (3) Determine actual emissions in pounds per batch for each vessel 
in accordance with paragraph (c)(3)(i), (ii), or (iii) of this section, 
as applicable.
    (i) If emissions are routed through a closed-vent system to a 
condenser control device, determine controlled emissions using the 
procedures specified in Sec.  63.1257(d)(3).
    (ii) If emissions are routed through a closed-vent system to any 
control device other than a condenser, determine actual emissions after 
determining the efficiency of the control device using the procedures in 
subpart SS of this part as specified in Sec.  63.8000(c).
    (iii) If the vessel is vented to the atmosphere, then actual 
emissions are equal to the uncontrolled emissions estimated in 
accordance with paragraph (c)(1) of this section.

[[Page 384]]

    (4) Provide rationale in the precompliance report for why the sum of 
the actual emissions will be less than the sum of emissions from the 
vessels if they had been controlled in accordance with Table 1 to this 
subpart. The approved actual emissions calculated according to paragraph 
(c)(3) of this section are emission limits that must be incorporated 
into your operating permit.
    (d) Continuous compliance. (1) Maintain a monthly log of the number 
of batches produced that can be correlated with the emissions estimates 
per batch developed in accordance with paragraph (c) of this section.
    (2) Sum the actual emissions for all of the process vessels in the 
emissions averaging group every three months, with the first 3-month 
period beginning on the compliance date, and compare the resulting total 
with the total emissions for the vessels calculated in accordance with 
paragraph (c)(2) of this section. Compliance is demonstrated if the sum 
of the actual emissions is less than the emissions estimated in 
accordance with paragraph (c)(2) of this section.
    (3) For control devices, establish operating limits and monitor as 
specified in Sec.  63.8000.
    (e) Recordkeeping and reporting. Comply with Sec. Sec.  63.8070, 
63.8075, and 63.8080.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 85 
FR 49744, Aug. 14, 2020]



Sec.  63.8055  How do I comply with a weight percent HAP limit in coating
products?

    (a) As an alternative to complying with the requirements in Table 1 
to this subpart for each individual stationary process vessel at an 
existing source, you may elect to comply with a 5 weight percent HAP 
limit for process vessels at your affected source that are used to 
manufacture coatings with a HAP content of less than 0.05 kg per kg 
product as specified in paragraph (b) of this section.
    (b) You may only comply with the alternative during the production 
of coatings that contain less than 5 weight percent HAP, as determined 
using any of the procedures specified in paragraphs (b)(1) through (4) 
of this section.
    (1) Method 311 (appendix A to this part). As an alternative to 
Method 311, you may use California Air Resources Board Method 310, 
Determination of Volatile Organic Compounds (VOC) in Consumer Products 
and Reactive Organic Compounds (ROC) in Aerosol Coating Products 
(incorporated by reference, see Sec.  63.14) for use with aerosol cans.
    (2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 
to determine the mass fraction of volatile matter and use that value as 
a substitute for the mass fraction of HAP, or one of the alternatives in 
paragraphs (b)(2)(i) through (iii) of this section.
    (i) ASTM D2369-10 (Reapproved 2015)e1, (incorporated by reference, 
see Sec.  63.14);
    (ii) ASTM D2697-03 (Reapproved 2014) (incorporated by reference, see 
Sec.  63.14); or
    (iii) ASTM D3960-98 (incorporated by reference, see Sec.  63.14).
    (3) You may use an alternative test method for determining mass 
fraction of HAP if you obtain prior approval by the Administrator. You 
must follow the procedure in Sec.  63.7(f) to submit an alternative test 
method for approval.
    (4) You may rely on formulation data from raw material suppliers if 
it represents each organic HAP that is present at 0.1 percent by mass or 
more for the HAP listed in Table 11 to this subpart, and at 1.0 percent 
by mass or more for other compounds. If the HAP weight percent estimated 
based on formulation data conflicts with the results of a test conducted 
according to paragraphs (b)(1) through (3) of this section, then there 
is a rebuttal presumption that the test results are accurate unless, 
after consultation, you demonstrate to the satisfaction of the 
permitting authority that the test results are not accurate and that the 
formulation data are more appropriate.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 70 
FR 75927, Dec. 21, 2005; 85 FR 49744, Aug. 14, 2020]

[[Page 385]]

                   Notification, Reports, and Records



Sec.  63.8070  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  
63.6(h)(4) and (5), 63.7(b) and (c), 63.8(e), (f)(4) and (6), 63.9(b) 
through (h) that apply to you by the dates specified.
    (b) Initial notification. (1) As specified in Sec.  63.9(b)(2), if 
you have an existing affected source on December 11, 2003, you must 
submit an initial notification not later than 120 calendar days after 
December 11, 2003, or no later than 120 calendar days after the source 
becomes subject to this subpart, whichever is later.
    (2) As specified in Sec.  63.9(b)(3), if you start up your new 
affected source on or after December 11, 2003, you must submit an 
initial notification not later than 120 calendar days after you become 
subject to this subpart.
    (c) Notification of performance test. If you are required to conduct 
a performance test, you must submit a notification of intent to conduct 
a performance test at least 60 calendar days before the performance test 
is scheduled to begin as required in Sec.  63.7(b)(1). For any 
performance test required as part of the compliance procedures for 
process vessels in Table 1 to this subpart, you must also submit the 
test plan required by Sec.  63.7(c) and the emission profile with the 
notification of the performance test.

[68 FR 69185, Dec. 11, 2003, as amended at 85 FR 49743, Aug. 14, 2020; 
85 FR 73914, Nov. 19, 2020]



Sec.  63.8075  What reports must I submit and when?

    (a) You must submit each report in Table 9 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
as specified in Table 9 to this subpart and paragraphs (b)(1) and (2) of 
this section.
    (1) The compliance reports must be submitted semiannually. The first 
report must be submitted no later than 240 days after the applicable 
compliance date and shall cover the 6-month period beginning on the 
compliance date. Each subsequent compliance report must cover the 6-
month period following the preceding period.
    (2) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in Table 9.
    (c) Precompliance report. You must submit a precompliance report to 
request approval of any of the information in paragraphs (c)(1) through 
(4) of this section. We will either approve or disapprove the report 
within 90 days after we receive it. If we disapprove the report, you 
must still be in compliance with the emission limitations and work 
practice standards in this subpart by the compliance date.
    (1) Requests for approval to set operating limits for parameters 
other than those specified in Sec. Sec.  63.8005 through 63.8030, 
including parameters for enhanced biological treatment units. 
Alternatively, you may make these requests according to Sec.  63.8(f).
    (2) Descriptions of daily or per batch demonstrations to verify that 
control devices subject to Sec.  63.8000(d)(3) are operating as 
designed.
    (3) A description of the test conditions, data, calculations, and 
other information used to establish operating limits according to Sec.  
63.8005(e)(1).
    (4) If you comply with emissions averaging in Sec.  63.8050, the 
data and results of emission calculations as specified in Sec.  
63.8050(c)(1) through (3), and rationale for why the sum of actual 
emissions will be less than the sum of emissions if the process vessels 
were controlled in accordance with Table 1 to this subpart as specified 
in Sec.  63.8050(c)(4).
    (d) Notification of compliance status report. You must submit a 
notification of compliance status report according to the schedule in 
paragraph (d)(1) of this

[[Page 386]]

section, and the notification of compliance status report must include 
the information specified in paragraph (d)(2) of this section.
    (1) You must submit the notification of compliance status report no 
later than 150 days after the applicable compliance date specified in 
Sec.  63.7995. You must submit a separate notification of compliance 
status report after the applicable compliance date specified in Sec.  
63.7995(e).
    (2) The notification of compliance status report must include the 
information in paragraphs (d)(3)(i) through (vi) of this section.
    (i) The results of any applicability determinations (e.g., HAP 
content of coating products; halogenated vent stream determinations; 
group determinations for storage tanks, wastewater, and transfer 
operations; and equipment that is in organic HAP service).
    (ii) The results of performance tests, engineering analyses, design 
evaluations, flare compliance assessments, inspections and repairs, and 
calculations used to demonstrate compliance according to Sec. Sec.  
63.8005 through 63.8030 and 63.8055. For performance tests, results must 
include descriptions of sampling and analysis procedures and quality 
assurance procedures.
    (iii) Descriptions of monitoring devices, monitoring frequencies, 
and the operating limits established during the initial compliance 
demonstrations, including data and calculations to support the levels 
you establish.
    (iv) Identification of parts of the affected source that are subject 
to overlapping requirements described in Sec.  63.8090 and the authority 
under which you will comply.
    (v) Identify storage tanks for which you are complying with the 
vapor balancing alternative in Sec.  63.8010(e).
    (vi) If you transfer Group 1 wastewater stream to an offsite 
facility for treatment, include the name and location of the transferee 
and a description of the Group 1 wastewater stream that is sent to the 
treatment facility. If the offsite facility provides enhanced biological 
treatment, also include the certification required by Sec.  63.8020(d) 
that the offsite facility will comply with the requirements of this 
subpart.
    (e) Compliance report. The compliance report must contain the 
information specified in paragraphs (e)(1) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) Applicable records and information for periodic reports as 
specified in referenced subparts F, SS, TT, UU, and WW of this part 63.
    (5) For each SSM during which excess emissions occur, the compliance 
report must include the information specified in paragraphs (e)(5)(i) 
and (ii) of this section. On and after the compliance date specified in 
Sec.  63.7995(e), this paragraph (e)(5) no longer applies.
    (i) Records that the procedures specified in your startup, shutdown, 
and malfunction plan (SSMP) were followed or documentation of actions 
taken that are not consistent with the SSMP.
    (ii) A description of each malfunction.
    (6) The compliance report must contain the information on 
deviations, as defined in Sec.  63.8105, according to paragraphs 
(e)(6)(i), (ii), and (iii) of this section.
    (i) If there are no deviations from any emission limit, operating 
limit, or work practice standard specified in this subpart, include a 
statement that there were no deviations from the emission limits, 
operating limits, or work practice standards during the reporting 
period.
    (ii) For each deviation from an emission limit, operating limit, and 
work practice standard that occurs at an affected source where you are 
not using a continuous monitoring system (CMS) to comply with the 
emission limit or work practice standards in this subpart, you must 
include the information in paragraphs (e)(6)(ii)(A) through (D) of this 
section.
    (A) The total operating time of each affected source during the 
reporting period.
    (B) Before the compliance date specified in Sec.  63.7995(e), 
information on the

[[Page 387]]

number, duration, and cause of deviations (including unknown cause, if 
applicable), as applicable, and the corrective action taken. On and 
after the compliance date specified in Sec.  63.7995(e), 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, a description of the method used to estimate the 
emissions, and the cause of deviations (including unknown cause, if 
applicable), as applicable, and the corrective action taken.
    (C) Operating logs for the day(s) during which the deviation 
occurred, except operating logs are not required for deviations of the 
work practice standards for equipment leaks.
    (D) On and after the compliance date specified in Sec.  63.7995(e), 
report the total bypass hours, as monitored according to the provisions 
of Sec.  63.8080(h).
    (iii) For each deviation from an emission limit or operating limit 
occurring at an affected source where you are using a CMS to comply with 
the emission limit in this subpart, you must include the information in 
paragraphs (e)(6)(iii)(A) through (L) of this section. This includes 
periods of SSM.
    (A) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (B) The date, time, and duration that each CEMS was out-of-control, 
including the information in Sec.  63.8(c)(8).
    (C) Before the compliance date specified in Sec.  63.7995(e), the 
date and time that each deviation started and stopped, and whether each 
deviation occurred during a period of SSM or during another period. On 
and after the compliance date specified in Sec.  63.7995(e), 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, a description of the method used to estimate the 
emissions, and the cause of deviations (including unknown cause, if 
applicable), as applicable, and the corrective action taken.
    (D) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (E) Before the compliance date specified in Sec.  63.7995(e), a 
breakdown of the total duration of the deviations during the reporting 
period into those that are due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after the compliance date specified in Sec.  63.7995(e), 
a breakdown of the total duration of the deviations during the reporting 
period into those that are due to control equipment problems, process 
problems, other known causes, and other unknown causes.
    (F) A summary of the total duration of CMS downtime during the 
reporting period, and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (G) An identification of each HAP that is known to be in the 
emission stream or wastewater stream, as applicable.
    (H) A description of the product being produced.
    (I) Identification of the CMS.
    (J) The date of the latest CMS certification or audit.
    (K) The operating day or operating block average values of monitored 
parameters for each day(s) during which the deviation occurred.
    (L) A summary of the total duration of CMS data unavailability 
during the reporting period, and the total duration as a percent of the 
total source operating time during that reporting period.
    (7) If you use a CEMS, and there were no periods during which it was 
out-of-control as specified in Sec.  63.8(c)(7), include a statement 
that there were no periods during which the CEMS was out-of-control 
during the reporting period.
    (8) Notification of process change. (i) Except as specified in 
paragraph (e)(8)(ii) of this section, whenever you change any of the 
information submitted in either the notification of

[[Page 388]]

compliance status report or any previously reported change to the 
notification of compliance status report, you must document the change 
in your compliance report. The notification must include all of the 
information in paragraphs (e)(8)(i)(A) and (B) of this section.
    (A) Revisions to any of the information reported in the original 
notification of compliance status report under paragraph (d) of this 
section.
    (B) Information required by the notification of compliance status 
report under paragraph (d) of this section for changes involving the 
addition of processes or equipment at the affected source.
    (ii) You must submit a report 60 days before the scheduled 
implementation date of any of the changes identified in paragraphs 
(e)(8)(ii)(A), (B), or (C) of this section.
    (A) Any change to the information contained in either the 
precompliance report or any previously reported change to the 
precompliance report.
    (B) [Reserved]
    (C) A change in compliance status.
    (f) Performance test report. On and after August 14, 2023, within 60 
days after the date of completing each performance test required by 
Sec.  63.8000, Sec.  63.8005, or Sec.  63.8010, you must submit the 
results of the performance test following the procedures specified in 
paragraphs (f)(1) through (3) of this section. The requirements of this 
paragraph (f) do not affect the schedule for completing performance 
tests specified in Sec. Sec.  63.8000, 63.8005, and 63.8010.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via the Compliance and Emissions Data 
Reporting Interface (CEDRI), which can be accessed through the EPA's 
Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be 
submitted in a file format generated through the use of the EPA's ERT. 
Alternatively, you may submit an electronic file consistent with the 
extensible markup language (XML) schema listed on the EPA's ERT website. 
Submit the results of the performance test to the EPA via CEDRI, which 
can be accessed through the EPA's CDX (https://cdx.epa.gov/). The data 
must be submitted in a file format generated through the use of the 
EPA's ERT. Alternatively, you may submit an electronic file consistent 
with the XML schema listed on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment in 
the ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT website. Submit the ERT generated package or 
alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim that some 
of the performance test information being submitted under paragraph (f) 
of this section is CBI, you must submit a complete file, including 
information claimed to be CBI, to the EPA. The file must be generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT website. Submit 
the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted must be submitted to the 
EPA via the EPA's CDX as described in this paragraph (f).
    (g) Performance evaluation report. On and after August 14, 2023, 
within 60 days after the date of completing each CMS performance 
evaluation (as defined in Sec.  63.2), you must submit the results of 
the performance evaluation following the procedures specified in 
paragraphs (g)(1) through (3) of this section.
    (1) Performance evaluations of CMS measuring relative accuracy test 
audit (RATA) pollutants that are supported by the EPA's ERT as listed on 
the EPA's ERT website at the time of the evaluation. Submit the results 
of the performance

[[Page 389]]

evaluation to the EPA via CEDRI, which can be accessed through the EPA's 
CDX. The data must be submitted in a file format generated through the 
use of the EPA's ERT. Alternatively, you may submit an electronic file 
consistent with the XML schema listed on the EPA's ERT website.
    (2) Performance evaluations of CMS measuring RATA pollutants that 
are not supported by the EPA's ERT as listed on the EPA's ERT website at 
the time of the evaluation. The results of the performance evaluation 
must be included as an attachment in the ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT website. 
Submit the ERT generated package or alternative file to the EPA via 
CEDRI.
    (3) CBI. If you claim some of the information submitted under 
paragraph (g) of this section is CBI, you must submit a complete file, 
including information claimed to be CBI, to the EPA. The file must be 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT website. 
Submit the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted must be submitted to the 
EPA via the EPA's CDX as described in paragraph (f) of this section.
    (h) Reporting. You must submit to the Administrator initial 
compliance reports, notification of compliance status reports, and 
compliance reports of the following information. Beginning on and after 
August 14, 2023, submit all subsequent reports following the procedure 
specified in paragraph (i) of this section.
    (i) CEDRI reports. If you are required to submit reports following 
the procedure specified in this paragraph (i), you must submit reports 
to the EPA via CEDRI, which can be accessed through the EPA's CDX 
(https://cdx.epa.gov).
    (1) Compliance reports. The requirements of this paragraph (i) do 
not affect the schedule for submitting the initial notification or the 
notification of compliance status reports. You must use the appropriate 
electronic compliance report template on the CEDRI website (https://
www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-
data-reporting-interface-cedri) for this subpart. The date report 
templates become available will be listed on the CEDRI website.
    (2) Initial notification reports and notification of compliance 
status reports. You must upload to CEDRI a portable document format 
(PDF) file of each initial notification and of each notification of 
compliance status.
    (3) All reports. The report must be submitted by the deadline 
specified in this subpart, regardless of the method in which the report 
is submitted. If you claim some of the information required to be 
submitted via CEDRI is CBI, submit a complete report, including 
information claimed to be CBI, to the EPA. The report must be generated 
using the appropriate form on the CEDRI website, where applicable. 
Submit the file on a compact disc, flash drive, or other commonly used 
electronic storage medium and clearly mark the medium as CBI. Mail the 
electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted shall be submitted to the 
EPA via the EPA's CDX as described in this paragraph (i).
    (j) Extensions for CDX/CEDRI outages and force majeure events. If 
you are required to electronically submit a report through CEDRI in the 
EPA's CDX, you may assert a claim of EPA system outage for failure to 
timely comply with the reporting requirement in this section. To assert 
a claim of EPA system outage, you must meet the requirements outlined in 
paragraphs (j)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning 5

[[Page 390]]

business days prior to the date that the submission is due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or caused a delay 
in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (k) Force majeure. If you are required to electronically submit a 
report through CEDRI in the EPA's CDX, you may assert a claim of force 
majeure for failure to timely comply with the reporting requirement in 
this section. To assert a claim of force majeure, you must meet the 
requirements outlined in paragraphs (k)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For purposes of this section, a force 
majeure event is defined as an event that will be or has been caused by 
circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[68 FR 69185, Dec. 11, 2003, as amended at 85 FR 49744, Aug. 14, 2020]



Sec.  63.8080  What records must I keep?

    You must keep the records specified in paragraphs (a) through (h) of 
this section.
    (a) Each applicable record required by subpart A of this part 63 and 
in referenced subparts SS, TT, UU, and WW of this part 63.
    (b) If complying with emissions averaging, records of the monthly 
number of batches for each process vessel, the quarterly actual 
emissions for each process vessel, the quarterly estimated emissions for 
each process vessel if it had been controlled as specified in Table 1 to 
this subpart, and comparison of the sums of the quarterly actual and 
estimated emissions as specified in Sec.  63.8050(d).
    (c) Before the compliance date specified in Sec.  63.7995(e), a 
record of each time

[[Page 391]]

a safety device is opened to avoid unsafe conditions in accordance with 
Sec.  63.8000(b)(2). On and after the compliance date specified in Sec.  
63.7995(e), a record of the information in paragraphs (c)(1) through (3) 
of this section.
    (1) The source, nature, and cause of the opening.
    (2) The date, time, and duration of the opening.
    (3) An estimate of the quantity of total HAP emitted during the 
opening and the method used for determining this quantity.
    (d) Records of the results of each CPMS calibration check and the 
maintenance performed, as specified in Sec.  63.8000(d)(5).
    (e) Before the compliance date specified in Sec.  63.7995(e), for 
each CEMS, you must keep the records of the date and time that each 
deviation started and stopped, and whether the deviation occurred during 
a period of SSM or during another period. On and after the compliance 
date specified in Sec.  63.7995(e), for each CEMS, you must keep the 
records of the date and time that each deviation started and stopped, 
and whether the deviation occurred during a period of SSM or during 
another period.
    (f) Before the compliance date specified in Sec.  63.7995(e), in the 
SSMP required by Sec.  63.6(e)(3), you are not required to include Group 
2 or non-affected emission points. For equipment leaks only, the SSMP 
requirement is limited to control devices and is optional for other 
equipment. On and after the compliance date specified in Sec.  
63.7995(e), the requirements of this paragraph (f) no longer apply.
    (g) If you establish separate operating limits as allowed in Sec.  
63.8005(e), you must maintain a log of operation or a daily schedule 
indicating the time when you change from one operating limit to another.
    (h) On and after the compliance date specified in Sec.  63.7995(e), 
records of the total source operating time (hours) for stationary 
process vessels during the semiannual compliance period, and the source 
operating time (hours) when the control device for stationary process 
vessels was bypassed during the semiannual compliance period for any 
reason, as used in determining compliance with the percent emission 
reduction requirements in Table 1 to this subpart, as specified in Sec.  
63.8005(h).
    (i) On and after the compliance date specified in Sec.  63.7995(e), 
for each deviation from an emission limitation reported under Sec.  
63.8075(e)(5), a record of the information specified in paragraphs 
(i)(1) and (2) of this section, as applicable.
    (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.
    (j) Any records required to be maintained by this subpart that are 
submitted electronically via the EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and reports 
available upon request to a delegated air agency or the EPA as part of 
an on-site compliance evaluation.

[68 FR 69185, Dec. 11, 2003, as amended at 85 FR 49746, Aug. 14, 2020]

                   Other Requirements and Information



Sec.  63.8090  What compliance options do I have if part of my plant is
subject to both this subpart and another subpart?

    (a) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/
or CC. (1) After the compliance dates specified in Sec.  63.7995, if a 
control device that you use to comply with this subpart is also subject 
to monitoring, recordkeeping, and reporting requirements in 40 CFR part 
264, subpart AA, BB, or CC; or the monitoring and recordkeeping 
requirements in 40 CFR part 265, subpart AA, BB, or CC; and you comply 
with the periodic reporting requirements under 40 CFR part 264, subpart 
AA, BB, or CC that would apply to the device if your facility had final-
permitted status, you may elect to comply either with the

[[Page 392]]

monitoring, recordkeeping, and reporting requirements of this subpart; 
or with the monitoring and recordkeeping requirements in 40 CFR part 264 
or 265 and the reporting requirements in 40 CFR part 264, as described 
in this paragraph (a), which constitute compliance with the monitoring, 
recordkeeping, and reporting requirements of this subpart. If you elect 
to comply with the monitoring, recordkeeping, and reporting requirements 
in 40 CFR parts 264 and/or 265, you must report the information required 
for the compliance report in Sec.  63.8075(e), and you must identify in 
the notification of compliance status report required by Sec.  
63.8075(d) the monitoring, recordkeeping, and reporting authority under 
which you will comply.
    (2) After the compliance dates specified in this section, if any 
equipment at an affected source that is subject to this subpart 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 part 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 part 264 and/or 265 duplicate the requirements of 
this subpart. You must identify in the notification of compliance status 
report required by Sec.  63.8075(d) if you will comply with the 
recordkeeping and reporting authority under 40 CFR part 264 and/or 265.
    (b) Compliance with 40 CFR part 60, subpart Kb. After the compliance 
dates specified in Sec.  63.7995, you are in compliance with this 
subpart for any storage tank that is assigned to miscellaneous coating 
manufacturing operations and that is both controlled with a floating 
roof and in compliance with the provisions of 40 CFR part 60, subpart 
Kb. You are in compliance with this subpart if you have a storage tank 
with a fixed roof, closed-vent system, and control device in compliance 
with 40 CFR part 60, subpart Kb, and you are in compliance with the 
monitoring, recordkeeping, and reporting requirements in this subpart. 
You must also identify in your notification of compliance status report 
required by Sec.  63.8075(d) which storage tanks are in compliance with 
40 CFR part 60, subpart Kb.
    (c) Compliance with 40 CFR part 63, subpart FFFF. After the 
compliance dates specified in Sec.  63.7995, an affected source under 
this subpart HHHHH that includes equipment that is also part of an 
affected source under 40 CFR part 63, subpart FFFF is deemed in 
compliance with this subpart HHHHH if all of the conditions specified in 
paragraphs (c)(1) through (5) of this section are met.
    (1) Equipment used for both miscellaneous coating manufacturing 
operations and as part of a miscellaneous organic chemical manufacturing 
process unit (MCPU), as defined in Sec.  63.2435, must be part of a 
process unit group developed in accordance with the provisions in Sec.  
63.2535(l).
    (2) For the purposes of complying with Sec.  63.2535(l), a 
miscellaneous coating manufacturing ``process unit'' consists of all 
coating manufacturing equipment that is also part of an MCPU in the 
process unit group. All miscellaneous coating manufacturing operations 
that are not part of a process unit group must comply with the 
requirements of this subpart HHHHH.
    (3) The primary product for a process unit group that includes 
miscellaneous coating manufacturing equipment must be organic chemicals 
as described in Sec.  63.2435(b)(1).
    (4) The process unit group must be in compliance with the 
requirements in 40 CFR part 63, subpart FFFF as specified in Sec.  
63.2535(l)(3)(i) no later than the applicable compliance dates specified 
in Sec.  63.2445.
    (5) You must include in the notification of compliance status report 
required in Sec.  63.8070(d) the records as specified in Sec.  
63.2535(l)(1) through (3).

[68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006; 85 
FR 49747, Aug. 14, 2020]



Sec.  63.8095  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.

[[Page 393]]



Sec.  63.8100  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency also has the authority to implement and enforce 
this subpart. You should contact your U.S. EPA Regional Office to find 
out if this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraphs (b)(1) through (4) of 
this section are retained by the Administrator of U.S. EPA and are not 
delegated to the State, local, or tribal agency.
    (1) Approval of alternatives to the non-opacity emission limits and 
work practice standards in Sec.  63.8000(a) under Sec.  63.6(g).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.



Sec.  63.8105  What definitions apply to this subpart?

    (a) For an affected source complying with the requirements in 
subpart SS of this part 63, the terms used in this subpart and in 
subpart SS of this part 63 have the meaning given them in Sec.  63.981, 
except as specified in Sec. Sec.  63.8000(d)(5)(ii) and (7), 
63.8010(c)(2), 63.8025(b), and paragraph (g) of this section.
    (b) For an affected source complying with the requirements in 
subpart TT of this part 63, the terms used in this subpart and in 
subpart TT of this part 63 have the meaning given them in Sec.  63.1001.
    (c) For an affected source complying with the requirements in 
subpart UU of this part 63, the terms used in this subpart and in 
subpart UU of this part 63 have the meaning given them in Sec.  63.1020.
    (d) For an affected source complying with the requirements in 
subpart WW of this part 63, the terms used in this subpart and subpart 
WW of this part 63 have the meaning given them in Sec.  63.1061, except 
as specified in Sec. Sec.  63.8000(d)(7), 63.8010(c)(2), and paragraph 
(g) of this section.
    (e) For an affected source complying with requirements in Sec. Sec.  
63.1253, 63.1257, and 63.1258, the terms used in this subpart and in 
Sec. Sec.  63.1253, 63.1257, and 63.1258 have the meaning given them in 
Sec.  63.1251, except as specified in Sec.  63.8000(d)(7) and paragraph 
(g) of this section.
    (f) For an affected source complying with the requirements of Sec.  
63.104, the terms used in this subpart and in Sec.  63.104 have the 
meaning given them in Sec.  63.101, except as specified in Sec.  
63.8000(d)(7) and paragraph (g) of this section.
    (g) All other terms used in this subpart are defined in the CAA, in 
40 CFR 63.2, and in this paragraph (g). If a term is defined in Sec.  
63.2, Sec.  63.981, Sec.  63.1001, Sec.  63.1020, Sec.  63.1061, or 
Sec.  63.1251 and in this paragraph (g), the definition in this 
paragraph (g) applies for the purposes of this subpart.
    Bulk loading means the loading, into a tank truck or rail car, of 
liquid coating products that contain one or more of the organic HAP, as 
defined in section 112 of the CAA, from a loading rack. A loading rack 
is the system used to fill tank trucks and railcars at a single 
geographic site.
    Coating means a material such as paint, ink, or adhesive that is 
intended to be applied to a substrate and consists of a mixture of 
resins, pigments, solvents, and/or other additives, where the material 
is produced by a manufacturing operation where materials are blended, 
mixed, diluted, or otherwise formulated. Coating does not include 
materials made in processes where a formulation component is synthesized 
by chemical reaction or separation activity and then transferred to 
another vessel where it is formulated to produce a material used as a 
coating, where the synthesized or separated component is not stored 
prior to formulation. Typically, coatings include

[[Page 394]]

products described by the following North American Industry 
Classification System (NAICS) codes, code 325510, Paint and Coating 
Manufacturing, code 325520, Adhesive and Sealant Manufacturing, and code 
325910, Ink Manufacturing.
    Construction means the onsite fabrication, erection, or installation 
of an affected source. Addition of new equipment to an affected source 
does not constitute construction, but it may constitute reconstruction 
of the affected source if it satisfies the definition of reconstruction 
in Sec.  63.2.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit, operating 
limit, or work practice standard;
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is included 
in the operating permit for any affected source required to obtain such 
a permit; or
    (iii) Before the compliance date specified in Sec.  63.7995(e), 
fails to meet any emission limit, operating limit, or work practice 
standard in this subpart during SSM, regardless of whether or not such 
failure is permitted by this subpart. On and after the compliance date 
specified in Sec.  63.7995(e), this paragraph (iii) no longer applies.
    Enhanced biological treatment system 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) either by 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.
    Excess emissions means emissions greater than those allowed by the 
emission limit.
    Group 1a storage tank means a storage tank at an existing source 
with a capacity greater than or equal to 20,000 gal storing material 
that has a maximum true vapor pressure of total organic HAP greater than 
or equal to 1.9 pounds per square inch, absolute (psia). Group 1a 
storage tank also means a storage tank at a new source with either a 
capacity greater than or equal to 25,000 gal storing material that has a 
maximum true vapor pressure of total HAP greater than or equal to 0.1 
psia or a capacity greater than or equal to 20,000 gal and less than 
25,000 gal storing material that has a maximum true vapor pressure of 
total HAP greater than or equal to 1.5 psia.
    Group 1b storage tank means a storage tank at a new source that has 
a capacity greater than or equal to 10,000 gal, stores material that has 
a maximum true vapor pressure of total organic HAP greater than or equal 
to 0.02 psia, and is not a Group 1a storage tank.
    Group 2 storage tank means a storage tank that does not meet the 
definition of a Group 1a or Group 1b storage tank.
    Group 1 transfer operations means all bulk loading of coating 
products if the coatings contain greater than or equal to 3.0 million 
gallons per year (gal/yr) of HAP with a weighted average HAP partial 
pressure greater than or equal to 1.5 psia.
    Group 2 transfer operations means bulk loading of coating products 
that does not meet the definition of Group 1 transfer operations, and 
all loading of coating products from a loading rack to other types of 
containers such as cans, drums, and totes.
    Group 1 wastewater stream means a wastewater stream that contains 
total partially soluble and soluble HAP at an annual average 
concentration greater than or equal to 4,000 parts per million by weight 
(ppmw) and load greater than or equal to 750 pounds per year (lb/yr) at 
an existing source or greater than or equal to 1,600 ppmw and any 
partially soluble and soluble HAP load at a new source.

[[Page 395]]

    Group 2 wastewater stream means a wastewater stream that does not 
meet the definition of a Group 1 wastewater stream.
    Halogenated vent stream means a vent stream determined to contain 
halogen atoms in organic compounds at a concentration greater than or 
equal to 20 ppmv as determined by the procedures specified in Sec.  
63.8000(b).
    Hydrogen halide and halogen HAP means hydrogen chloride, chlorine, 
and hydrogen fluoride.
    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). The provisions of Sec.  63.180(d) also specify how 
to determine that a piece of equipment is not in organic HAP service.
    Large control device means a control device that controls total HAP 
emissions of greater than or equal to 10 tpy, before control.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the total organic HAP in the stored or transferred liquid at 
the temperature equal to the highest calendar-month average of the 
liquid storage or transfer temperature for liquids stored or transferred 
above or below the ambient temperature or at the local maximum monthly 
average temperature as reported by the National Weather Service for 
liquids stored or transferred at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
Institute Publication 2517, Evaporative Loss From External Floating-Roof 
Tanks (incorporated by reference as specified in Sec.  63.14 of subpart 
A of this part 63); or
    (2) As obtained from standard reference texts; or
    (3) As determined by the American Society for Testing and Materials 
Method D2879-83 (incorporated by reference as specified in Sec.  63.14 
of subpart A of this part); or
    (4) Any other method approved by the Administrator.
    Partially soluble HAP means HAP listed in Table 7 of this subpart.
    Point of determination (POD) means each point where process 
wastewater exits the miscellaneous coating operations.

    Note to definition for point of determination: The regulation allows 
determination of the characteristics of a wastewater stream at the point 
of determination or downstream of the point of determination if 
corrections are made for changes in flow rate and annual average 
concentration of partially soluble and soluble HAP compounds as 
determined in Sec.  63.144. Such changes include losses by air 
emissions; reduction of annual average concentration or changes in flow 
rate by mixing with other water or wastewater streams; and reduction in 
flow rate or annual average concentration by treating or otherwise 
handling the wastewater stream to remove or destroy HAP.

    Process vessel means any stationary or portable tank or other vessel 
with a capacity greater than or equal to 250 gal and in which mixing, 
blending, diluting, dissolving, temporary holding, and other processing 
steps occur in the manufacturing of a coating.
    Process vessel vent means a vent from a process vessel or vents from 
multiple process vessels 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. 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, 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 vessel vents. Flexible elephant trunk systems when used with 
closed vent systems and drawing ambient air (i.e., the system is not 
ducted, piped, or otherwise connected to the unit operations) away from 
operators when vessels are opened are not process vessel vents. Process 
vessel vents do not include vents on storage tanks, wastewater emission 
sources, or pieces of equipment subject to the requirements in Table 3 
of this subpart. A gas stream going to a fuel gas system is not a 
process vessel vent. A gas stream routed to a process for a process 
purpose is not a process vessel vent.

[[Page 396]]

    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 multi-phase liquid 
streams. A recovery device is considered part of the miscellaneous 
coating manufacturing operations.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    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 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 and practices, or other requirements for the safe 
handling of flammable, combustible, explosive, reactive, or hazardous 
materials.
    Shutdown means the cessation of operation of an affected source, any 
process vessels within an affected source, or equipment required or used 
to comply with this subpart if steps taken to cease operation differ 
from those under routine procedures for removing the vessel or equipment 
from service. Shutdown also applies to the emptying and degassing of 
storage tanks.
    Soluble HAP means the HAP listed in Table 8 of this subpart.
    Startup means the setting in operation of a new affected source. For 
new equipment added to an affected source, including equipment required 
or used to comply with this subpart, startup means the first time the 
equipment is put into operation. Startup includes the setting in 
operation of equipment any time the steps taken differ from routine 
procedures for putting the equipment into operation.
    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 
or products. 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 vessels.
    Total organic compounds or (TOC) means the total gaseous organic 
compounds (minus methane and ethane) in a vent stream.
    Wastewater storage tank means a stationary structure that is 
designed to contain an accumulation of wastewater and is constructed 
primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) 
which provide structural support.
    Wastewater stream means water that is discarded from miscellaneous 
coating manufacturing operations through a POD, and that contains an 
annual average concentration of total partially soluble and soluble HAP 
compounds of at least 1,600 ppmw at any flow rate. For the purposes of 
this subpart, noncontact cooling water is not considered a wastewater 
stream.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination

[[Page 397]]

thereof, that is promulgated pursuant to section 112(h) of the Clean Air 
Act.

[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 71 
FR 58503, Oct. 4, 2006; 85 FR 49747, Aug. 14, 2020]



   Sec. Table 1 to Subpart HHHHH of Part 63--Emission Limits and Work 
                 Practice Standards for Process Vessels

    As required in Sec.  63.8005, you must meet each emission limit and 
work practice standard in the following table that applies to your 
process vessels.

------------------------------------------------------------------------
                                                      And you must . . .
         For each . . .             You must . . .
------------------------------------------------------------------------
1. Portable process vessel at an  a. Equip the        Nonapplicable.
 existing source.                  vessel with a
                                   cover or lid that
                                   must be in place
                                   at all times when
                                   the vessel
                                   contains a HAP,
                                   except for
                                   material
                                   additions and
                                   sampling.
------------------------------------------------------------------------
2. Stationary process vessel at   a. Equip the        i. Considering
 an existing source.               vessel with a       both capture and
                                   cover or lid that   any combination
                                   must be in place    of control
                                   at all times when   (except a flare),
                                   the vessel          reduce emissions
                                   contains a HAP,     of organic HAP
                                   except for          with a vapor
                                   material            existing pressure
                                   additions and       =0.6
                                   sampling; or        kPa by =75 percent by
                                                       weight, and
                                                       reduce emissions
                                                       of organic HAP
                                                       with a vapor
                                                       pressure <0.6 kPa
                                                       by =60
                                                       percent by
                                                       weight.
                                  b. Equip the        i. Reduce
                                   vessel with a       emissions of
                                   tightly fitting     organic HAP with
                                   vented cover or     a vapor pressure
                                   lid that must be    =0.6
                                   closed at all       kPa by =75 percent by
                                   vessel contains     weight, and
                                   HAP, except for     reduce emissions
                                   material            of organic HAP
                                   additions and       with a vapor
                                   sampling.           pressure <0.6 kPa
                                                       by =60
                                                       percent by
                                                       weight, by
                                                       venting emissions
                                                       through a closed-
                                                       vent system to
                                                       any combination
                                                       of control
                                                       devices (except a
                                                       flare); or
                                                      ii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions from a
                                                       non-halogenated
                                                       vent stream
                                                       through a closed-
                                                       vent system to a
                                                       flare; or
                                                      iii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions through
                                                       a closed-vent
                                                       system to a
                                                       condenser that
                                                       reduces the
                                                       outlet gas
                                                       temperature to:
------------------------------------------------------------------------
                                                      <10 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure <0.6
                                                       kPa, or
                                                      <2 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =0.6 kPa and
                                                       <17.2 kPa, or
                                                      <-5 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =17.2 kPa.
3. Portable and stationary        a. Equip the        i. Reduce
 process vessel at a new source.   vessel with a       emissions of
                                   tightly fitting     total organic HAP
                                   vented cover or     by =95
                                   lid that must be    percent by weight
                                   closed at all       by venting
                                   times when the      emissions through
                                   vessel contains     a closed-vent
                                   HAP, except for     system to any
                                   material            combination of
                                   additions and       control devices
                                   sampling.           (except a flare);
                                                       or
                                                      ii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions from a
                                                       non-halogenated
                                                       vent stream
                                                       through a closed-
                                                       vent system to a
                                                       flare; or
                                                      iii. Reduce
                                                       emissions of
                                                       total organic HAP
                                                       by venting
                                                       emissions through
                                                       a closed-vent
                                                       system to a
                                                       condenser that
                                                       reduces the
                                                       outlet gas
                                                       temperature to:
                                                      <-4 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure <0.7
                                                       kPa, or
------------------------------------------------------------------------

[[Page 398]]

 
                                                      <-20 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =0.7 kPa and
                                                       <17.2 kPa, or
                                                      <-30 [deg]C if the
                                                       process vessel
                                                       contains HAP with
                                                       a partial
                                                       pressure =17.2 kPa.
4. Halogenated vent stream from   a. Use a halogen    i. Reduce overall
 a process vessel subject to the   reduction device    emissions of
 requirements of item 2 or 3 of    after the           hydrogen halide
 this table for which you use a    combustion          and halogen HAP
 combustion control device to      control device;     by =95
 control organic HAP emissions.    or.                 percent; or
                                  b. Use a halogen    ii. Reduce overall
                                   reduction device    emissions of
                                   before the          hydrogen halide
                                   combustion          and halogen HAP
                                   control device.     to <=0.45
                                                       kilogram per hour
                                                       (kg/hr).
                                                      Reduce the halogen
                                                       atom mass
                                                       emission rate to
                                                       <=0.45 kg/hr.
------------------------------------------------------------------------


[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25682, May 13, 2005; 85 
FR 49747, Aug. 14, 2020]



 Sec. Table 2 to Subpart HHHHH of Part 63--Emission Limits for Storage 
                                  Tanks

    As required in Sec.  63.8010, you must meet each emission limit in 
the following table that applies to your storage tanks.

------------------------------------------------------------------------
        For each . . .                    Then you must . . .
------------------------------------------------------------------------
1. Group 1a storage tank.....  a. Comply with the requirements of
                                subpart WW of this part, except as
                                specified in Sec.   63.8010(b); or
                               b. Reduce total organic HAP emissions
                                from the storage tank by =90
                                percent by weight by venting emissions
                                through a closed-vent system to any
                                combination of control devices
                                (excluding a flare); or
                               c. Reduce total organic HAP emissions
                                from the storage tank by venting
                                emissions from a non-halogenated vent
                                stream through a closed-vent system to a
                                flare.
------------------------------------------------------------------------
2. Group 1b storage tank.....  a. Comply with the requirements of
                                subpart WW of this part, except as
                                specified in Sec.   63.8010(b); or
                               b. Reduce total organic HAP emissions
                                from the storage tank by =80
                                percent by weight by venting emissions
                                through a closed-vent system to any
                                combination of control devices
                                (excluding a flare); or
                               c. Reduce total organic HAP emissions
                                from the storage tank by venting
                                emissions from a non-halogenated vent
                                stream through a closed-vent system to a
                                flare.
------------------------------------------------------------------------



  Sec. Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment 
                                  Leaks

    As required in Sec.  63.8015, you must meet each requirement in the 
following table that applies to your equipment leaks.

  Table 3 to Subpart HHHHH of Part 63--Requirements for Equipment Leaks
------------------------------------------------------------------------
             For all . . .                        You must . . .
------------------------------------------------------------------------
1. Equipment that is in organic HAP      a. Comply with the requirements
 service at an existing source.           in Sec.  Sec.   63.424(a)
                                          through (d) and 63.428(e),
                                          (f), and (h)(4), except as
                                          specified in Sec.
                                          63.8015(b); or
                                         b. Comply with the requirements
                                          of subpart TT of this part,
                                          except as specified in Sec.
                                          63.8000(f); or
                                         c. Comply with the requirements
                                          of subpart UU of this part,
                                          except as specified in Sec.
                                          Sec.   63.8000(f) and
                                          63.8015(c) and (d).
2. Equipment that is in organic HAP      a. Comply with the requirements
 service at a new source.                 of subpart TT of this part,
                                          except as specified in Sec.
                                          63.8000(f); or
                                         b. Comply with the requirements
                                          of subpart UU of this part,
                                          except as specified in Sec.
                                          Sec.   63.8000(f) and
                                          63.8015(c) and (d).
------------------------------------------------------------------------


[85 FR 49747, Aug. 14, 2020]



   Sec. Table 4 to Subpart HHHHH of Part 63--Emission Limits and Work 
                Practice Standards for Wastewater Streams

    As required in Sec.  63.8020, you must meet each emission limit and 
work practice standard in the following table that applies to your 
wastewater streams.

[[Page 399]]



------------------------------------------------------------------------
        For each . . .                       You must . . .
------------------------------------------------------------------------
1. Wastewater tank used to     Maintain a fixed roof, which may have
 store a Group 1 wastewater     openings necessary for proper venting of
 stream.                        the tank, such as pressure/vacuum vent
                                or j-pipe vent.
------------------------------------------------------------------------
2. Group 1 wastewater stream.  a. Convey using hard-piping and treat the
                                wastewater as a hazardous waste in
                                accordance with 40 CFR part 264, 265, or
                                266 either onsite or offsite; or
                               b. If the wastewater contains <50 ppmw of
                                partially soluble HAP, you may elect to
                                treat the wastewater in an enhanced
                                biological treatment system that is
                                located either onsite or offsite.
------------------------------------------------------------------------



   Sec. Table 5 to Subpart HHHHH of Part 63--Emission Limits and Work 
               Practice Standards for Transfer Operations

    As required in Sec.  63.8025, you must meet each emission limit and 
work practice standard in the following table that applies to your 
transfer operations.

------------------------------------------------------------------------
        For each . . .                      You must. . . .
------------------------------------------------------------------------
1. Group 1 transfer operation  a. Reduce emissions of total organic HAP
 vent stream.                   by =75 percent by weight by
                                venting emissions through a closed-vent
                                system to any combination of control
                                devices (except a flare); or
                               b. Reduce emissions of total organic HAP
                                by venting emissions from a non-
                                halogenated vent stream through a closed-
                                vent system to a flare; or
                               c. Use a vapor balancing system designed
                                and operated to collect organic HAP
                                vapors displaced from tank trucks and
                                railcars during loading and route the
                                collected HAP vapors to the storage tank
                                from which the liquid being loaded
                                originated or to another storage tank
                                connected by a common header.
------------------------------------------------------------------------
2. Halogenated Group 1         a. Use a halogen reduction device after
 transfer operation vent        the combustion device to reduce
 stream for which you use a     emissions of hydrogen halide and halogen
 combustion device to control   HAP by =95 percent by weight
 organic HAP emissions.         or to <=0.45 kg/hr; or
                               b. Use a halogen reduction device before
                                the combustion device to reduce the
                                halogen atom mass emission rate to
                                <=0.45 kg/hr.
------------------------------------------------------------------------



Sec. Table 6 to Subpart HHHHH of Part 63--Requirements for Heat Exchange 
                                 Systems

    As required in Sec.  63.8030, you must meet each requirement in the 
following table that applies to your heat exchange systems.

------------------------------------------------------------------------
        For each . . .                       You must . . .
------------------------------------------------------------------------
Heat exchange system, as       Comply with the requirements in Sec.
 defined in Sec.   63.101.      63.104, except as specified in Sec.
                                63.8030.
------------------------------------------------------------------------



 Sec. Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous 
                             Air Pollutants

    As specified in Sec.  63.8020, the partially soluble HAP in 
wastewater that are subject to management and treatment requirements in 
this subpart are listed in the following table:

  Table 7 to Subpart HHHHH of Part 63--Partially Soluble Hazardous Air
                               Pollutants
------------------------------------------------------------------------
                   Chemical name . . .                        CAS No.
------------------------------------------------------------------------
1. 1,1,1-Trichloroethane (methyl chloroform)............           71556
2. 1,1,2,2-Tetrachloroethane............................           79345
3. 1,1,2-Trichloroethane................................           79005
4. 1,1-Dichloroethylene (vinylidene chloride)...........           75354
5. 1,2-Dibromoethane....................................          106934
6. 1,2-Dichloroethane (ethylene dichloride).............          107062
7. 1,2-Dichloropropane..................................           78875
8. 1,3-Dichloropropene..................................          542756
9. 2,4,5-Trichlorophenol................................           95954
10. 1,4-Dichlorobenzene.................................          106467
11. 2-Nitropropane......................................           79469
12. 4-Methyl-2-pentanone (MIBK).........................          108101
13. Acetaldehyde........................................           75070
14. Acrolein............................................          107028
15. Acrylonitrile.......................................          107131
16. Allyl chloride......................................          107051

[[Page 400]]

 
17. Benzene.............................................           71432
18. Benzyl chloride.....................................          100447
19. Biphenyl............................................           92524
20. Bromoform (tribromomethane).........................           75252
21. Bromomethane........................................           74839
22. Butadiene...........................................          106990
23. Carbon disulfide....................................           75150
24. Chlorobenzene.......................................          108907
25. Chloroethane (ethyl chloride).......................           75003
26. Chloroform..........................................           67663
27. Chloromethane.......................................           74873
28. Chloroprene.........................................          126998
29. Cumene..............................................           98828
30. Dichloroethyl ether.................................          111444
31. Dinitrophenol.......................................           51285
32. Epichlorohydrin.....................................          106898
33. Ethyl acrylate......................................          140885
34. Ethylbenzene........................................          100414
35. Ethylene oxide......................................           75218
36. Ethylidene dichloride...............................           75343
37. Hexachlorobenzene...................................          118741
38. Hexachlorobutadiene.................................           87683
39. Hexachloroethane....................................           67721
40. Methyl methacrylate.................................           80626
41. Methyl-t-butyl ether................................         1634044
42. Methylene chloride..................................           75092
43. N-hexane............................................          110543
44. N,N-dimethylaniline.................................          121697
45. Naphthalene.........................................           91203
46. Phosgene............................................           75445
47. Propionaldehyde.....................................          123386
48. Propylene oxide.....................................           75569
49. Styrene.............................................          100425
50. Tetrachloroethylene (perchloroethylene).............          127184
51. Tetrachloromethane (carbon tetrachloride)...........           56235
52. Toluene.............................................          108883
53. Trichlorobenzene (1,2,4-)...........................          120821
54. Trichloroethylene...................................           79016
55. Trimethylpentane....................................          540841
56. Vinyl acetate.......................................          108054
57. Vinyl chloride......................................           75014
58. Xylene (m)..........................................          108383
59. Xylene (o)..........................................           95476
60. Xylene (p)..........................................          106423
------------------------------------------------------------------------


[85 FR 49748, Aug. 14, 2020]



    Sec. Table 8 to Subpart HHHHH of Part 63--Soluble Hazardous Air 
                               Pollutants

    As specified in Sec.  63.8020, the soluble HAP in wastewater that 
are subject to management and treatment requirements of this subpart are 
listed in the following table:

------------------------------------------------------------------------
                    Chemical name . . .                        CAS No.
------------------------------------------------------------------------
1. Acetonitrile............................................        75058
2. Acetophenone............................................        98862
3. Diethyl sulfate.........................................        64675
4. Dimethyl hydrazine (1,1)................................        57147
5. Dimethyl sulfate........................................        77781
6. Dinitrotoluene (2,4)....................................       121142
7. Dioxane (1,4)...........................................       123911
8. Ethylene glycol dimethyl ether..........................       110714
9. Ethylene glycol monobutyl ether acetate.................       112072
10. Ethylene glycol monomethyl ether acetate...............       110496
11. Isophorone.............................................        78591
12. Methanol...............................................        67561
13. Nitrobenzene...........................................        98953
14. Toluidine (o-).........................................        95534
15. Triethylamine..........................................       121448
------------------------------------------------------------------------


[[Page 401]]


[68 FR 69185, Dec. 11, 2003, as amended at 70 FR 25683, May 13, 2005; 85 
FR 49749, Aug. 14, 2020]



   Sec. Table 9 to Subpart HHHHH of Part 63--Requirements for Reports

    As required in Sec.  63.8075(a) and (b), you must submit each report 
that applies to you on the schedule shown in the following table:

------------------------------------------------------------------------
                                    The report must     You must submit
     You must submit a . . .         contain . . .     the report . . .
------------------------------------------------------------------------
1. Precompliance report.........  The information     At least 6 months
                                   specified in Sec.   prior to the
                                     63.8075(c).       compliance date;
                                                       or for new
                                                       sources, with the
                                                       application for
                                                       approval of
                                                       construction or
                                                       reconstruction.
------------------------------------------------------------------------
2. Notification of compliance     The information     No later than 150
 status report.                    specified in Sec.   days after the
                                     63.8075(d).       compliance date
                                                       specified in Sec.
                                                         63.7995.
------------------------------------------------------------------------
3. Compliance report............  The information     Semiannually
                                   specified in Sec.   according to the
                                     63.8075(e).       requirements in
                                                       Sec.
                                                       63.8075(b).
4. Performance test report......  The information     Within 60 days
                                   specified in Sec.   after completing
                                     63.8075(f).       each performance
                                                       test according to
                                                       the requirements
                                                       in Sec.
                                                       63.8075(f).
5. Performance evaluation report  The information     Within 60 days
                                   specified in Sec.   after completing
                                     63.8075(g).       each CMS
                                                       performance
                                                       evaluation
                                                       according to the
                                                       requirements in
                                                       Sec.
                                                       63.8075(g).
------------------------------------------------------------------------


[68 FR 69185, Dec. 11, 2003, as amended at 85 FR 49749, Aug. 14, 2020]



  Sec. Table 10 to Subpart HHHHH of Part 63--Applicability of General 
                       Provisions to This Subpart

    As specified in Sec.  63.8095, the parts of the general provisions 
that apply to you are shown in the following table:

     Table 10 to Subpart HHHHH of Part 63--Applicability of General
                       Provisions to This Subpart
------------------------------------------------------------------------
          Citation                  Subject              Explanation
------------------------------------------------------------------------
Sec.   63.1................  Applicability........  Yes.
Sec.   63.2................  Definitions..........  Yes.
Sec.   63.3................  Units and              Yes.
                              Abbreviations.
Sec.   63.4................  Prohibited Activities  Yes.
Sec.   63.5................  Construction/          Yes.
                              Reconstruction.
Sec.   63.6(a).............  Applicability........  Yes.
Sec.   63.6(b)(1)-(4)......  Compliance Dates for   Yes.
                              New and
                              Reconstructed
                              sources.
Sec.   63.6(b)(5)..........  Notification.........  Yes.
Sec.   63.6(b)(6)..........  [Reserved]...........
Sec.   63.6(b)(7)..........  Compliance Dates for   Yes.
                              New and
                              Reconstructed Area
                              Sources That Become
                              Major.
Sec.   63.6(c)(1)-(2)......  Compliance Dates for   Yes.
                              Existing Sources.
Sec.   63.6(c)(3)-(4)......  [Reserved]...........
Sec.   63.6(c)(5)..........  Compliance Dates for   Yes.
                              Existing Area
                              Sources That Become
                              Major.
Sec.   63.6(d).............  [Reserved]...........
Sec.   63.6(e)(1)(i).......  General Duty to        Yes, before the
                              Minimize Emissions.    compliance date
                                                     specified in Sec.
                                                     63.7995(e). No, on
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e). See
                                                     Sec.   63.8000(e)
                                                     for the general
                                                     duty requirement.
Sec.   63.6(e)(1)(ii)......  Requirement to         Yes, before the
                              Correct Malfunctions   compliance date
                              as Soon as Possible.   specified in Sec.
                                                     63.7995(e). No, on
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e).
Sec.   63.6(e)(1)(iii)-(2).  Operation and          Yes.
                              Maintenance.

[[Page 402]]

 
Sec.   63.6(e)(3)..........  SSM Plan.............  Yes, before the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e). No, on
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e).
Sec.   63.6(f)(1)..........  Compliance with Non-   No. See Sec.
                              Opacity Standards      63.8000(a).
                              Except During SSM.
Sec.   63.6(f)(2)-(3)......  Methods for            Yes.
                              Determining
                              Compliance.
Sec.   63.6(g)(1)-(3)......  Alternative Standard.  Yes.
Sec.   63.6(h)(1)..........  Compliance with        No. See Sec.
                              Opacity/Visible        63.8000(a).
                              Emission (VE)
                              Standards Except
                              During SSM.
Sec.   63.6(h)(2)-(9)......  Opacity/VE Standards.  Only for flares for
                                                     which Method 22 of
                                                     40 CFR part 60,
                                                     appendix A-7,
                                                     observations are
                                                     required as part of
                                                     a flare compliance
                                                     assessment.
Sec.   63.6(i)(1)-(14).....  Compliance Extension.  Yes.
Sec.   63.6(j).............  Presidential           Yes.
                              Compliance Exemption.
Sec.   63.7(a)(1)-(2)......  Performance Test       Yes, except
                              Dates.                 substitute 150 days
                                                     for 180 days.
Sec.   63.7(a)(3)-(4)......  CAA Section 114        Yes, and these
                              Authority, Force       paragraphs also
                              Majeure.               apply to flare
                                                     compliance
                                                     assessments as
                                                     specified under
                                                     Sec.
                                                     63.997(b)(2).
Sec.   63.7(b)(1)..........  Notification of        Yes.
                              Performance Test.
Sec.   63.7(b)(2)..........  Notification of        Yes.
                              Rescheduling.
Sec.   63.7(c).............  Quality Assurance/     Yes, except the test
                              Test Plan.             plan must be
                                                     submitted with the
                                                     notification of the
                                                     performance test if
                                                     the control device
                                                     controls process
                                                     vessels.
Sec.   63.7(d).............  Testing Facilities...  Yes.
Sec.   63.7(e)(1)..........  Conditions for         Yes, before the
                              Conducting             compliance date
                              Performance Tests.     specified in Sec.
                                                     63.7995(e), except
                                                     that performance
                                                     tests for process
                                                     vessels must be
                                                     conducted under
                                                     worst-case
                                                     conditions as
                                                     specified in Sec.
                                                     63.8005. No, on and
                                                     after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e). See
                                                     Sec.   63.8005(d).
Sec.   63.7(e)(2)..........  Conditions for         Yes.
                              Conducting
                              Performance Tests.
Sec.   63.7(e)(3)..........  Test Run Duration....  Yes.
Sec.   63.7(f).............  Alternative Test       Yes.
                              Method.
Sec.   63.7(g).............  Performance Test Data  Yes.
                              Analysis.
Sec.   63.7(h).............  Waiver of Tests......  Yes.
Sec.   63.8(a)(1)..........  Applicability of       Yes.
                              Monitoring
                              Requirements.
Sec.   63.8(a)(2)..........  Performance            Yes.
                              Specifications.
Sec.   63.8(a)(3)..........  [Reserved]...........
Sec.   63.8(a)(4)..........  Monitoring with        Yes.
                              Flares.
Sec.   63.8(b)(1)..........  Monitoring...........  Yes.
Sec.   63.8(b)(2)-(3)......  Multiple Effluents     Yes.
                              and Multiple
                              Monitoring Systems.
Sec.   63.8(c)(1)..........  Monitoring System      Yes.
                              Operation and
                              Maintenance.
Sec.   63.8(c)(1)(i).......  Maintain and operate   Yes, before the
                              CMS.                   compliance date
                                                     specified in Sec.
                                                     63.7995(e). No, on
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e). See
                                                     Sec.   63.8000(e)
                                                     for the general
                                                     duty to maintain
                                                     and operate each
                                                     CMS.
Sec.   63.8(c)(1)(ii)......  Routine repairs......  Yes.

[[Page 403]]

 
Sec.   63.8(c)(1)(iii).....  Requirement to         Yes, before the
                              develop SSM plan for   compliance date
                              CMS.                   specified in Sec.
                                                     63.7995(e). No, on
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e).
Sec.   63.8(c)(2)-(3)......  Monitoring System      Yes.
                              Installation.
Sec.   63.8(c)(4)..........  Requirements.........  Only for CEMS;
                                                     requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part. This subpart
                                                     does not contain
                                                     requirements for
                                                     continuous opacity
                                                     monitoring systems
                                                     (COMS).
Sec.   63.8(c)(4)(i).......  CMS Requirements.....  No. This subpart
                                                     does not require
                                                     COMS.
Sec.   63.8(c)(4)(ii)......  CMS requirements.....  Yes.
Sec.   63.8(c)(5)..........  COMS Minimum           No. This subpart
                              Procedures.            does not contain
                                                     opacity or VE
                                                     limits.
Sec.   63.8(c)(6)..........  CMS Requirements.....  Only for CEMS;
                                                     requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part.
Sec.   63.8(c)(7)-(8)......  CMS Requirements.....  Only for CEMS.
                                                     Requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part.
Sec.   63.8(d)(1)-(2)......  CMS Quality Control..  Only for CEMS;
                                                     requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part.
Sec.   63.8(d)(3)..........  Written procedures     Yes, before the
                              for CMS.               compliance date
                                                     specified in Sec.
                                                     63.7995(e). No, on
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e). See
                                                     Sec.
                                                     63.8000(d)(8).
Sec.   63.8(e).............  CMS Performance        Section
                              Evaluation.            63.8(e)(6)(ii) does
                                                     not apply because
                                                     this subpart does
                                                     not require COMS.
                                                     Other sections
                                                     apply only for
                                                     CEMS; requirements
                                                     for CPMS are
                                                     specified in
                                                     referenced subpart
                                                     SS of this part.
Sec.   63.8(f)(1)-(5)......  Alternative            Yes, except you may
                              Monitoring Method.     also request
                                                     approval using the
                                                     precompliance
                                                     report.
Sec.   63.8(f)(6)..........  Alternative to         Only for CEMS.
                              Relative Accuracy
                              Test.
Sec.   63.8(g)(1)-(4)......  Data Reduction.......  Only when using
                                                     CEMS, except Sec.
                                                     63.8(g)(2) does not
                                                     apply because data
                                                     reduction
                                                     requirements for
                                                     CEMS are specified
                                                     in Sec.
                                                     63.8000(d)(4)(iv).
                                                    The requirements for
                                                     COMS do not apply
                                                     because this
                                                     subpart has no
                                                     opacity or VE
                                                     limits.
Sec.   63.8(g)(5)..........  Data Reduction.......  No. Requirements for
                                                     CEMS are specified
                                                     in Sec.
                                                     63.8000(d)(4).
                                                     Requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part.
Sec.   63.9(a).............  Notification           Yes.
                              Requirements.
Sec.   63.9(b)(1)-(5)......  Initial Notifications  Yes.
Sec.   63.9(c).............  Request for            Yes.
                              Compliance Extension.
Sec.   63.9(d).............  Notification of        Yes.
                              Special Compliance
                              Requirements for New
                              Source.
Sec.   63.9(e).............  Notification of        Yes.
                              Performance Test.
Sec.   63.9(f).............  Notification of VE/    No. This subpart
                              Opacity Test.          does not contain
                                                     opacity or VE
                                                     limits.

[[Page 404]]

 
Sec.   63.9(g).............  Additional             Only for CEMS;
                              Notifications When     requirements for
                              Using CMS.             CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part.
Sec.   63.9(h)(1)-(6)......  Notification of        Yes, except this
                              Compliance Status.     subpart has no
                                                     opacity or VE
                                                     limits, and Sec.
                                                     63.9(h)(2) does not
                                                     apply because Sec.
                                                      63.8075(d)
                                                     specifies the
                                                     required contents
                                                     and due date of the
                                                     notification of
                                                     compliance status
                                                     report.
Sec.   63.9(i).............  Adjustment of          Yes.
                              Submittal Deadlines.
Sec.   63.9(j).............  Change in previous     Yes, for change in
                              information.           major source
                                                     status, otherwise
                                                     Sec.
                                                     63.8075(e)(8)
                                                     specifies reporting
                                                     requirements for
                                                     process changes.
Sec.   63.9(k).............  Electronic reporting   Yes, as specified in
                              procedures.            Sec.   63.9(j).
Sec.   63.10(a)............  Recordkeeping/         Yes.
                              Reporting.
Sec.   63.10(b)(1).........  Recordkeeping/         Yes.
                              Reporting.
Sec.   63.10(b)(2)(i)-(ii).  Records related to     No. Before the
                              SSM.                   compliance date
                                                     specified in Sec.
                                                     63.7995(e), see
                                                     Sec.
                                                     63.998(c)(1)(ii)(D)
                                                     through (G) and
                                                     (d)(3) for
                                                     recordkeeping
                                                     requirements for
                                                     periods of SSM. On
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e), see
                                                     Sec.   63.8080(i).
Sec.   63.10(b)(2)(iii)....  Records related to     Yes.
                              maintenance of air
                              pollution control
                              equipment.
Sec.   63.10(b)(2)(iv)-(v).  Records related to     Yes, before the
                              SSM.                   compliance date
                                                     specified in Sec.
                                                     63.7995(e). No, on
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e).
Sec.   63.10(b)(2)(vi),      CMS Records..........  Only for CEMS;
 (x), and (xi).                                      requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part.
Sec.   63.10(b)(2)(vii)-     Records..............  Yes.
 (ix).
Sec.   63.10(b)(2)(xii)....  Records..............  Yes.
Sec.   63.10(b)(2)(xiii)...  Records..............  Yes.
Sec.   63.10(b)(2)(xiv)....  Records..............  Yes.
Sec.   63.10(b)(3).........  Records..............  Yes.
Sec.   63.10(c)(1)-(6), (9)- Records..............  Only for CEMS;
 (14).                                               requirements for
                                                     CPMS are specified
                                                     in referenced
                                                     subpart SS of this
                                                     part.
Sec.   63.10(c)(7)-(8),      Records..............  No. Recordkeeping
 (15).                                               requirements are
                                                     specified in Sec.
                                                     63.8080.
Sec.   63.10(d)(1).........  General Reporting      Yes.
                              Requirements.
Sec.   63.10(d)(2).........  Report of Performance  Yes.
                              Test Results.
Sec.   63.10(d)(3).........  Reporting Opacity or   No. This subpart
                              VE Observations.       does not contain
                                                     opacity or VE
                                                     limits.
Sec.   63.10(d)(4).........  Progress Reports.....  Yes.
Sec.   63.10(d)(5)(i)......  SSM Reports..........  No. Before the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e), see
                                                     Sec.
                                                     63.8075(e)(5) and
                                                     (6) for the SSM
                                                     reporting
                                                     requirements. On
                                                     and after the
                                                     compliance date
                                                     specified in Sec.
                                                     63.7995(e), these
                                                     requirements no
                                                     longer apply.
Sec.   63.10(d)(5)(ii).....  Immediate SSM reports  No.
Sec.   63.10(e)(1)-(2).....  Additional CMS         Only for CEMS, but
                              Reports.               Sec.
                                                     63.10(e)(2)(ii)
                                                     does not apply
                                                     because this
                                                     subpart does not
                                                     require COMS.
Sec.   63.10(e)(3).........  Reports..............  No. Reporting
                                                     requirements are
                                                     specified in Sec.
                                                     63.8075.

[[Page 405]]

 
Sec.   63.10(e)(3)(i)-(iii)  Reports..............  No. Reporting
                                                     requirements are
                                                     specified in Sec.
                                                     63.8075.
Sec.   63.10(e)(3)(iv)-(v).  Excess Emissions       No. Reporting
                              Reports.               requirements are
                                                     specified in Sec.
                                                     63.8075.
Sec.   63.10(e)(3)(vi-viii)  Excess Emissions       No. Reporting
                              Report and Summary     requirements are
                              Report.                specified in Sec.
                                                     63.8075.
Sec.   63.10(e)(4).........  Reporting COMS data..  No. This subpart
                                                     does not contain
                                                     opacity or VE
                                                     limits.
Sec.   63.10(f)............  Waiver for             Yes.
                              Recordkeeping/
                              Reporting.
Sec.   63.11...............  Control and work       Yes.
                              practice
                              requirements.
Sec.   63.12...............  Delegation...........  Yes.
Sec.   63.13...............  Addresses............  Yes.
Sec.   63.14...............  Incorporation by       Yes.
                              Reference.
Sec.   63.15...............  Availability of        Yes.
                              Information.
------------------------------------------------------------------------


[85 FR 49749, Aug. 14, 2020, as amended at 85 FR 73914, Nov. 19, 2020]



   Sec. Table 11 to Subpart HHHHH of Part 63-- List of Hazardous Air 
  Pollutants That Must Be Counted Toward Total Organic HAP Content If 
                 Present at 0.1 Percent or More by Mass

 Table 11 to Subpart HHHHH of Part 63--List of Hazardous Air Pollutants
 That Must Be Counted Toward Total Organic HAP Content If Present at 0.1
                         Percent or More by Mass
------------------------------------------------------------------------
                      Chemical name                           CAS No.
------------------------------------------------------------------------
1,1,2,2-Tetrachloroethane...............................         79-34-5
1,1,2-Trichloroethane...................................         79-00-5
1,1-Dimethylhydrazine...................................         57-14-7
1,2-Dibromo-3-chloropropane.............................         96-12-8
1,2-Diphenylhydrazine...................................        122-66-7
1,3-Butadiene...........................................        106-99-0
1,3-Dichloropropene.....................................        542-75-6
1,4-Dioxane.............................................        123-91-1
2,4,6-Trichlorophenol...................................         88-06-2
2,4/2,6-Dinitrotoluene (mixture)........................      25321-14-6
2,4-Dinitrotoluene......................................        121-14-2
2,4-Toluene diamine.....................................         95-80-7
2-Nitropropane..........................................         79-46-9
3,3[min]-Dichlorobenzidine..............................         91-94-1
3,3[min]-Dimethoxybenzidine.............................        119-90-4
3,3[min]-Dimethylbenzidine..............................        119-93-7
4,4[min]-Methylene bis(2-chloroaniline).................        101-14-4
Acetaldehyde............................................         75-07-0
Acrylamide..............................................         79-06-1
Acrylonitrile...........................................        107-13-1
Allyl chloride..........................................        107-05-1
alpha-Hexachlorocyclohexane (a-HCH).....................        319-84-6
Aniline.................................................         62-53-3
Benzene.................................................         71-43-2
Benzidine...............................................         92-87-5
Benzotrichloride........................................         98-07-7
Benzyl chloride.........................................        100-44-7
beta-Hexachlorocyclohexane (b-HCH)......................        319-85-7
Bis(2-ethylhexyl)phthalate..............................        117-81-7
Bis(chloromethyl)ether..................................        542-88-1
Bromoform...............................................         75-25-2
Captan..................................................        133-06-2
Carbon tetrachloride....................................         56-23-5
Chlordane...............................................         57-74-9
Chlorobenzilate.........................................        510-15-6
Chloroform..............................................         67-66-3
Chloroprene.............................................        126-99-8
Cresols (mixed).........................................       1319-77-3
DDE.....................................................       3547-04-4
Dichloroethyl ether.....................................        111-44-4

[[Page 406]]

 
Dichlorvos..............................................         62-73-7
Epichlorohydrin.........................................        106-89-8
Ethyl acrylate..........................................        140-88-5
Ethylene dibromide......................................        106-93-4
Ethylene dichloride.....................................        107-06-2
Ethylene oxide..........................................         75-21-8
Ethylene thiourea.......................................         96-45-7
Ethylidene dichloride (1,1-Dichloroethane)..............         75-34-3
Formaldehyde............................................         50-00-0
Heptachlor..............................................         76-44-8
Hexachlorobenzene.......................................        118-74-1
Hexachlorobutadiene.....................................         87-68-3
Hexachloroethane........................................         67-72-1
Hydrazine...............................................        302-01-2
Isophorone..............................................         78-59-1
Lindane (hexachlorocyclohexane, all isomers)............         58-89-9
m-Cresol................................................        108-39-4
Methylene chloride......................................         75-09-2
Naphthalene.............................................         91-20-3
Nitrobenzene............................................         98-95-3
Nitrosodimethylamine....................................         62-75-9
o-Cresol................................................         95-48-7
o-Toluidine.............................................         95-53-4
Parathion...............................................         56-38-2
p-Cresol................................................        106-44-5
p-Dichlorobenzene.......................................        106-46-7
Pentachloronitrobenzene.................................         82-68-8
Pentachlorophenol.......................................         87-86-5
Propoxur................................................        114-26-1
Propylene dichloride....................................         78-87-5
Propylene oxide.........................................         75-56-9
Quinoline...............................................         91-22-5
Tetrachloroethene.......................................        127-18-4
Toxaphene...............................................       8001-35-2
Trichloroethylene.......................................         79-01-6
Trifluralin.............................................       1582-09-8
Vinyl bromide...........................................        593-60-2
Vinyl chloride..........................................         75-01-4
Vinylidene chloride.....................................         75-35-4
------------------------------------------------------------------------


[85 FR 49751, Aug. 14, 2020]



 Subpart IIIII_National Emission Standards for Hazardous Air Pollutants 
                  for Mercury Cell Chlor-Alkali Plants

    Source: 68 FR 70928, Dec. 19, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.8180  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for affected sources at mercury cell chlor-
alkali plants. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with all applicable emission 
limitations and work practice standards in this subpart.

[87 FR 27018, May 6, 2022]



Sec.  63.8182  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a mercury 
cell chlor-alkali plant.
    (b) You are required to obtain a title V permit, whether your 
affected source is a part of a major source of hazardous air pollutant 
(HAP) emissions or a part of an area source of HAP emissions. A major 
source of HAP is a source that emits or has the potential to emit any 
single HAP at a rate of 10 tons or more per year or any combination of 
HAP at

[[Page 407]]

a rate of 25 tons or more per year. An area source of HAP is a source 
that has the potential to emit HAP but is not a major source. Nothing in 
this subpart revises how affected sources are aggregated for purposes of 
determining whether an affected source is a part of an area, nonmajor, 
or major source under any provisions of the Clean Air Act (CAA) or EPA's 
regulations. For information on aggregating affected sources to 
determine what is a source under title V, see the definition of major 
source in 40 CFR 70.2, 71.2 and 63.2.
    (c) Beginning on December 19, 2006, the provisions of subpart E of 
40 CFR part 61 that apply to mercury cell chlor-alkali plants, which are 
listed in paragraphs (c)(1) through (3) of this section, are no longer 
applicable.
    (1) Sec.  61.52(a);
    (2) Sec.  61.53(b) and (c); and
    (3) Sec.  61.55(b), (c) and (d).

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27018, May 6, 2022]



Sec.  63.8184  What parts of my plant does this subpart cover?

    (a) This subpart applies to each affected source at a plant site 
where chlorine and caustic are produced in mercury cells. This subpart 
applies to two types of affected sources: the mercury cell chlor-alkali 
production facility, as defined in paragraph (a)(1) of this section; and 
the mercury recovery facility, as defined in paragraph (a)(2) of this 
section.
    (1) The mercury cell chlor-alkali production facility designates an 
affected source consisting of all cell rooms and ancillary operations 
used in the manufacture of product chlorine, product caustic, and by-
product hydrogen at a plant site. This subpart covers mercury emissions 
from by-product hydrogen streams and end box ventilation system vents, 
mercury fugitive emissions associated with cell rooms, hydrogen systems, 
caustic systems, and storage areas for mercury-containing wastes; and 
chlorine fugitive emissions associated with the mercury cell chlor-
alkali production facility.
    (2) The mercury recovery facility designates an affected source 
consisting of all processes and associated operations needed for mercury 
recovery from wastes at a plant site. This subpart covers mercury 
emissions from mercury thermal recovery unit vents and fugitive emission 
sources of mercury associated with storage areas for mercury-containing 
wastes.
    (b) An affected source at your mercury cell chlor-alkali plant is 
existing if you commenced construction of the affected source before 
July 3, 2002.
    (c) A mercury recovery facility is a new affected source if you 
commence construction or reconstruction of the affected source after 
July 3, 2002. An affected source is reconstructed if it meets the 
definition of ``reconstruction'' in Sec.  63.2.

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27018, May 6, 2022]



Sec.  63.8186  When do I have to comply with this subpart?

    (a) If you have an existing affected source, you must comply 
according to the dates specified in paragraphs (a)(1) through (5) of 
this section, as applicable.
    (1) You must comply with each emission limitation, each work 
practice standard specified in paragraphs Sec.  63.8192(a) through (f) 
or each work practice standard in paragraphs Sec.  63.8192(e) through 
(g), and with each recordkeeping and reporting requirement in this 
subpart that applies to you by December 19, 2006, except as specified in 
paragraphs (a)(2) through (5) of this section.
    (2) You must comply with each work practice standard in Sec.  
63.8192(a) through (c) and (e) through (h) and the electronic reporting 
requirements in Sec.  63.8232(g), Sec.  63.8252(g), and Sec.  63.8254(e) 
by November 7, 2022.
    (3) Until November 7, 2022, you must comply with the requirements in 
Sec.  63.8226(a) and the requirements specified in the startup, 
shutdown, and malfunction plan required at Sec.  63.8226(b).
    (4) On and after November 7, 2022, you must comply with the 
applicable requirements in paragraph Sec.  63.8226(c).
    (5) On and after May 6, 2025, you must comply with the emission 
limitations in Sec.  63.8190(a)(2)(ii) and the notification requirement 
in Sec.  63.8252(h).
    (b) If you have a new or reconstructed mercury recovery facility and 
its initial startup date is on or before

[[Page 408]]

December 19, 2003, you must comply with each emission limitation, work 
practice standard, and recordkeeping and reporting requirement in this 
subpart that applies to you by December 19, 2003.
    (c) If you have a new or reconstructed mercury recovery facility and 
its initial startup date is after December 19, 2003, you must comply 
with each emission limitation, work practice standard, and recordkeeping 
and reporting requirement in this subpart that applies to you upon 
initial startup.
    (d) You must meet the notification and schedule requirements in 
Sec.  63.8252. Several of these notifications must be submitted before 
the compliance date for your affected source(s).

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27019, May 6, 2022]

            Emission Limitations and Work Practice Standards



Sec.  63.8190  What emission limitations must I meet?

    (a) Emission limits. You must meet each emission limit in paragraphs 
(a)(1) through (3) of this section that applies to you.
    (1) New or reconstructed mercury cell chlor-alkali production 
facility. Emissions of mercury are prohibited from a new or 
reconstructed mercury cell chlor-alkali production facility.
    (2) Existing mercury cell chlor-alkali production facility. Until 
the compliance date listed in Sec.  63.8186(a)(5), you must comply with 
paragraph (a)(2)(i) of this section. On and after the compliance date 
listed in Sec.  63.8186(a)(5), you must comply with paragraph (a)(2)(ii) 
of this section.
    (i) During any consecutive 52-week period, you must not discharge to 
the atmosphere total mercury emissions in excess of the applicable limit 
in paragraph (a)(2)(i)(A) or (B) of this section calculated using the 
procedures in Sec.  63.8243(a).
    (A) 0.076 grams of mercury per megagram of chlorine produced (1.5 x 
10-4 pounds of mercury per ton of chlorine produced) from all 
by-product hydrogen streams and all end box ventilation system vents 
when both types of emission points are present.
    (B) 0.033 grams of mercury per megagram of chlorine produced (6.59 x 
10-5 pounds of mercury per ton of chlorine produced) from all 
by-product hydrogen streams when end box ventilation systems are not 
present.
    (ii) Emissions of mercury are prohibited from an existing mercury 
cell chlor-alkali production facility.
    (3) New, reconstructed, or existing mercury recovery facility. You 
must not discharge to the atmosphere mercury emissions in excess of the 
applicable limit in paragraph (a)(3)(i) or (ii) of this section.
    (i) 23 milligrams per dry standard cubic meter from each oven type 
mercury thermal recovery unit vent.
    (ii) 4 milligrams per dry standard cubic meter from each non-oven 
type mercury thermal recovery unit vent.
    (b) [Reserved]

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27019, May 6, 2022]



Sec.  63.8192  What work practice standards must I meet?

    In accordance with the compliance dates specified in Sec.  
63.8186(a)(1), you must meet the work practice requirements specified in 
paragraphs (a) through (f) of this section. As an alternative to the 
requirements specified in paragraphs (a) through (d) of this section, 
you may choose to comply with paragraph (g) of this section. On and 
after the compliance date specified in Sec.  63.8186(a)(2) and until the 
compliance date specified in Sec.  63.8186(a)(5), you must meet the work 
practice requirements specified in paragraphs (a) through (c) and (e) 
through (h) of this section.
    (a) You must meet the work practice standards in Tables 1 through 4 
to this subpart.
    (b) You must adhere to the response intervals specified in Tables 1 
through 4 to this subpart at all times. Nonadherence to the intervals in 
Tables 1 through 4 to this subpart constitutes a deviation and must be 
documented and reported in the compliance report, as required by Sec.  
63.8254(b), with the date and time of the deviation, cause of the 
deviation, a description of the conditions, and time actual compliance 
was achieved.

[[Page 409]]

    (c) As provided in Sec.  63.6(g), you may request to use an 
alternative to the work practice standards in Tables 1 through 4 to this 
subpart.
    (d) You must institute a floor-level mercury vapor measurement 
program to limit the amount of mercury vapor in the cell room 
environment through periodic measurement of mercury vapor levels and 
actions to be taken when a floor-level mercury concentration action 
level is exceeded. The program must meet the requirements listed in 
paragraphs (d)(1) through (4) of this section. As specified in Sec.  
63.8252(e)(1)(i) to implement this program, you must prepare and submit 
to the Administrator a floor-level mercury vapor measurement plan which 
must contain the elements listed in Table 5 to this subpart.
    (1) You must utilize a mercury measurement device described in of 
Table 6 to this subpart to measure the level of mercury vapor in the 
cell room at floor-level.
    (2) You must conduct at least one floor-level mercury vapor 
measurement evaluation each half day. This evaluation must include three 
measurements of the mercury concentration at locations representative of 
the entire cell room floor area. The average of these measurements must 
be recorded as specified in Sec.  63.8156(c)(1). At a minimum, you must 
measure the level of mercury vapor above mercury-containing cell room 
equipment, as well as areas around the cells, decomposers, or other 
mercury-containing equipment.
    (3) You must establish a floor-level mercury concentration action 
level that is no higher than 0.05 milligrams per cubic meter (mg/m\3\).
    (4) If a mercury concentration greater than the action level is 
measured during any floor-level mercury vapor measurement evaluation, 
you must meet the requirements in either paragraph (d)(4)(i) or (ii) of 
this section.
    (i) If you determine that the cause of the elevated mercury 
concentration is an open electrolyzer, decomposer, or other maintenance 
activity, you must record the information specified in paragraphs 
(d)(4)(i)(A) through (C) of this section.
    (A) A description of the maintenance activity resulting in elevated 
mercury concentration;
    (B) The time the maintenance activity was initiated and completed; 
and
    (C) A detailed explanation how all the applicable requirements of 
Table 1 to this subpart were met during the maintenance activity.
    (ii) If you determine that the cause of the elevated mercury 
concentration is not an open electrolyzer, decomposer, or other 
maintenance activity, you must follow the procedures specified in 
paragraphs (d)(4)(ii)(A) and (B) of this section until the floor-level 
mercury concentration falls below the floor-level mercury concentration 
action level. You must also keep all the associated records for these 
procedures as specified in Table 9 to this subpart.
    (A) Within 1 hour of the time the floor-level mercury concentration 
action level was exceeded, you must conduct each inspection specified in 
Table 2 to this subpart in the area where the concentration higher than 
the floor-level mercury concentration action level was measured, with 
the exception of the cell room floor and the pillars and beam 
inspections. (B) You must also inspect all decomposers, hydrogen system 
piping up to the hydrogen header, and other potential locations of 
mercury vapor leaks in the area using a technique specified in Table 6 
to this subpart. You must correct any problem identified during these 
inspections according to the requirements in Tables 2 and 3 to this 
subpart.
    (e) You must prepare, submit, and operate according to a written 
washdown plan designed to minimize fugitive mercury emissions through 
routine washing of surfaces where liquid mercury could accumulate. The 
written plan must address the elements contained in Table 7 to this 
subpart.
    (f) You must keep records of the mass of all virgin mercury added to 
cells on an annual basis.
    (g) You must institute a cell room monitoring program to 
continuously monitor the mercury vapor concentration in the upper 
portion of each cell room and to take corrective actions as

[[Page 410]]

quickly as possible when elevated mercury vapor levels are detected. As 
specified in Sec.  63.8252(e)(1)(iv), you must prepare and submit to the 
Administrator, a cell room monitoring plan containing the elements 
listed in Table 5 to this subpart and meet the requirements in 
paragraphs (g)(1) through (4) of this section.
    (1) You must utilize mercury monitoring systems that meet the 
requirements of Table 8 to this subpart.
    (2) You must establish an action level according to the requirements 
in paragraphs (g)(2)(i) through (iii) of this section.
    (i) Beginning on the compliance date specified for your affected 
source in Sec.  63.8186, measure and record the mercury concentration 
for at least 30 days using a system that meets the requirements of 
paragraph (g)(1) of this section.
    (ii) Using the monitoring data collected according to paragraph 
(g)(1)(i) of this section, establish your action level at the 75th 
percentile of the data set.
    (iii) Submit your action level as part of your Notification of 
Compliance Status report according to Sec.  63.8252(e)(1).
    (3) Beginning on the compliance date specified for your affected 
source in Sec.  63.8186, you must continuously monitor the mercury 
concentration in the cell room. Failure to monitor and record the data 
according to Sec.  63.8256(c) (4)(ii) for 75 percent of the time in any 
6-month period constitutes a deviation.
    (4) If the average mercury concentration for any 1-hour period 
exceeds the action level established according to paragraph (g)(2) of 
this section, you must meet the requirements in either paragraph 
(g)(4)(i) or (ii) of this section.
    (i) If you determine that the cause of the elevated mercury 
concentration is an open electrolyzer, decomposer, or other maintenance 
activity, you must record the information specified in paragraphs 
(g)(4)(i)(A) through (C) of this section.
    (A) A description of the maintenance activity resulting in elevated 
mercury concentration;
    (B) The time the maintenance activity was initiated and completed; 
and
    (C) A detailed explanation how all the applicable requirements of 
Table 1 to this subpart were met during the maintenance activity.
    (ii) If you determine that the cause of the elevated mercury 
concentration is not an open electrolyzer, decomposer, or other 
maintenance activity, you must follow the procedures specified in 
paragraphs (g)(4)(ii)(A) and (B) of this section until the mercury 
concentration falls below the action level. You must also keep all the 
associated records for these procedures as specified in Table 9 to this 
subpart.
    (A) Within 1 hour of the time the action level was exceeded, you 
must conduct each inspection specified in Table 2 to this subpart, with 
the exception of the cell room floor and the pillars and beam 
inspections. You must correct any problem identified during these 
inspections in accordance with the requirements in Table 2 and 3 to this 
subpart.
    (B) If the Table 2 inspections and subsequent corrective actions do 
not reduce the mercury concentration below the action level, you must 
inspect all decomposers, hydrogen system piping up to the hydrogen 
header, and other potential locations of mercury vapor leaks using a 
technique specified in Table 6 to this subpart. If a mercury vapor leak 
is identified, you must take the appropriate action specified in Table 3 
to this subpart.
    (h) You must comply with the requirements specified in paragraphs 
(h)(1) through (4) of this section to reduce fugitive chlorine emissions 
in the mercury cell chlor-alkali production facility affected source.
    (1) You must identify each piece of equipment located throughout the 
mercury cell chlor-alkali production facility affected source that 
contains chlorine gas at a concentration of at least 5 percent by 
volume. You may identify equipment by a list or on a process or piping 
diagram. You may exclude equipment that is under negative pressure.
    (2) You must install ambient chlorine sensors at the mercury cell 
chlor-alkali production facility affected source to measure the ambient 
chlorine concentration.

[[Page 411]]

    (i) Ambient chlorine sensors must have a detection limit of 0.5 ppmv 
or less.
    (ii) The sensors must be operated continuously to obtain a 
measurement at least once each 15 minutes.
    (iii) You must identify the location of the sensors by a list or on 
a process or piping diagram.
    (iv) You must operate, calibrate, and maintain these sensors in 
accordance with manufacturer instructions.
    (v) You must keep the necessary parts for routine repairs of the 
sensors readily available.
    (3) You must perform inspections to identify leaks of chlorine using 
olfactory observations according to the schedules in paragraphs 
(h)(3)(i) and (ii) of this section. A leak is detected when there is an 
olfactory observation of a leak. If a leak is detected, you must comply 
with the repair provisions in paragraph (h)(4) of this section.
    (i) At least once each 12 hours, you must inspect each piece of 
equipment located throughout the mercury cell chlor-alkali production 
facility affected source that contains chlorine gas at a concentration 
of greater than 5 percent by volume for chlorine leaks, excluding 
equipment that is under negative pressure.
    (ii) Within 1 hour of detection of a 1-hour average chlorine 
concentration of 2 ppmv or greater by a sensor installed and operated in 
accordance with paragraph (h)(2) of this section, you must inspect each 
piece of equipment located throughout the mercury cell chlor-alkali 
production facility affected source that contains chlorine gas at a 
concentration of greater than 5 percent by volume for chlorine leaks, 
excluding equipment that is under negative pressure.
    (4) You must undertake a first attempt at repair no later than 1 
hour after the leak is detected, and the leak must be repaired no later 
than 72 hours after the leak is detected. A leak is repaired when there 
is no olfactory observation of a leak.

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27019, May 6, 2022]

                 Operation and Maintenance Requirements



Sec.  63.8222  What are my operation and maintenance requirements?

    At all times you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by the applicable standards 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, reports and inspection of 
the source.

[87 FR 27020, May 6, 2022]

                     General Compliance Requirements



Sec.  63.8226  What are my general requirements for complying with 
this subpart?

    (a) Until November 7, 2022, you must be in compliance with the 
applicable emission limitations in Sec.  63.8190 and the applicable work 
practice standards in Sec.  63.8192 at all times, except during periods 
of startup, shutdown, and malfunction.
    (b) Until November 7, 2022, you must develop and operate as 
specified by a written startup, shutdown, and malfunction plan (SSMP) 
according to the provisions in Sec.  63.6(e)(3).
    (c) On and after November 7, 2022, the provisions of paragraphs (a) 
and (b) of this section no longer apply, and you must be in compliance 
with the applicable emission limitations in Sec.  63.8190 and the 
applicable work practice standards in Sec.  63.8192 at all times.

[87 FR 27020, May 6, 2022]

[[Page 412]]

                     Initial Compliance Requirements



Sec.  63.8230  By what date must I conduct performance tests or other
initial compliance demonstrations?

    (a) You must conduct a performance test no later than the compliance 
date that is specified in Sec.  63.8186 for your affected source to 
demonstrate initial compliance with the applicable emission limit in 
Sec.  63.8190(a)(2) for by-product hydrogen streams and end box 
ventilation system vents and the applicable emission limit in Sec.  
63.8190(a)(3) for mercury thermal recovery unit vents.
    (b) For the applicable work practice standards in Sec.  63.8192, you 
must demonstrate initial compliance within 30 calendar days after the 
compliance date that is specified for your affected source in Sec.  
63.8186.



Sec.  63.8232  What test methods and other procedures must I use to 
demonstrate initial compliance with the emission limits?

    You must conduct a performance test for each by-product hydrogen 
stream, end box ventilation system vent, and mercury thermal recovery 
unit vent according to the conditions detailed in paragraphs (a) through 
(d) of this section.
    (a) You must conduct each performance test under conditions 
representative of normal operations. You may not conduct performance 
tests during periods of startup, shutdown, or malfunction. You 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, 
you shall make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.
    (b) For each performance test, you must develop a site-specific test 
plan in accordance with Sec.  63.7(c)(2).
    (c) You must conduct at least three test runs to comprise a 
performance test, as specified in Sec.  63.7(e)(3) and in either 
paragraph (c)(1) or (2) of this section.
    (1) The sampling time and sampling volume for each run must be at 
least 2 hours and 1.70 dry standard cubic meters (dscm). Mercury results 
below the analytical laboratory's detection limit must be reported using 
the reported analytical detection limit to calculate the sample 
concentration value and, in turn, the emission rate in the units of the 
standard; or
    (2) The sampling time for each test run must be at least 2 hours and 
the mercury concentration in each field sample analyzed must be at least 
two times the reported analytical detection limit.
    (d) You must use the test methods specified in paragraphs (d)(1) 
through (4) of this section and the applicable test methods in 
paragraphs (d)(5) through (7) of this section.
    (1) Method 1 or 1A in appendix A of 40 CFR part 60 to determine the 
sampling port locations and the location and required number of sampling 
traverse points.
    (2) Method 2, 2A, 2C, or 2D in appendix A of 40 CFR part 60 to 
determine the stack gas velocity and volumetric flow rate.
    (3) Method 3, 3A, or 3B in appendix A of 40 CFR part 60 to determine 
the stack gas molecular weight.
    (4) Method 4 in appendix A of 40 CFR part 60 to determine the stack 
gas moisture content.
    (5) For each by-product hydrogen stream, Method 102 in appendix A of 
40 CFR part 61 to measure the mercury emission rate after the last 
control device.
    (6) For each end box ventilation system vent, Method 101 or 101A in 
appendix A of 40 CFR part 61 to measure the mercury emission rate after 
the last control device.
    (7) For each mercury thermal recovery unit vent, Method 101 or 101A 
in appendix A of 40 CFR part 61 to measure the mercury emission rate 
after the last control device.
    (e) During each test run for a by-product hydrogen stream and each 
test run for an end box ventilation system vent, you must continuously 
measure the electric current through the operating mercury cells and 
record a measurement at least once every 15 minutes.
    (f) If the final control device is not a nonregenerable carbon 
adsorber and if you are demonstrating compliance using periodic 
monitoring under

[[Page 413]]

Sec.  63.8240(b), you must continuously monitor the parameters listed in 
paragraph (f)(1) of this section and establish your maximum or minimum 
monitoring value (as appropriate for your control device) using the 
requirements in paragraph (f)(2) of this section.
    (1) During the performance test specified in paragraphs (a) through 
(d) of this section, you must continuously monitor the control device 
parameters in paragraphs (f)(1)(i) through (vii) of this section and 
record a measurement at least once every 15 minutes.
    (i) The exit gas temperature from uncontrolled streams;
    (ii) The outlet temperature of the gas stream for the final (i.e., 
the farthest downstream) cooling system when no control devices other 
than coolers or demisters are used;
    (iii) The outlet temperature of the gas stream from the final 
cooling system when the cooling system is followed by a molecular sieve 
or regenerative carbon adsorber;
    (iv) Outlet concentration of available chlorine, pH, liquid flow 
rate, and inlet gas temperature of chlorinated brine scrubbers and 
hypochlorite scrubbers;
    (v) The liquid flow rate and exit gas temperature for water 
scrubbers;
    (vi) The inlet gas temperature of regenerative carbon adsorption 
systems; and
    (vii) The temperature during the heating phase of the regeneration 
cycle for carbon adsorbers or molecular sieves.
    (2) To establish a maximum monitoring value or minimum monitoring 
value, as appropriate for your final control device, you must average 
the recorded parameters in paragraphs (f)(1)(i) through (vi) of this 
section over the test period. If your final control device is a 
regenerative carbon adsorber, you must use the highest temperature 
reading measured in paragraph (f)(1)(vii) as the reference temperature 
in Sec.  63.8244(b)(2)(v).
    (g) Within 60 days after the date of completing each performance 
test specified in this section, you must submit the results of the 
performance test following the procedures specified in paragraphs (g)(1) 
through (3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via the Compliance and Emissions Data 
Reporting Interface (CEDRI), which can be accessed through the EPA's 
Central Data Exchange (CDX) (https://cdx.epa.gov/). The data must be 
submitted in a file format generated using the EPA's ERT. Alternatively, 
you may submit an electronic file consistent with the extensible markup 
language (XML) schema listed on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment in 
the ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT website. Submit the ERT generated package or 
alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). Do not use CEDRI to 
submit information you claim as CBI. Anything submitted using CEDRI 
cannot later be claimed CBI. Although we do not expect persons to assert 
a claim of CBI, if you wish to assert a CBI claim for some of the 
information submitted under paragraph (g)(1) or (2) of this section, you 
must submit a complete file, including information claimed to be CBI, to 
the EPA. The file must be generated using the EPA's ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the file on a compact disc, flash drive, or other 
commonly used electronic storage medium and clearly mark the medium as 
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described in paragraphs (g)(1) 
and (2) of this section. All CBI claims must be asserted at the time of 
submission. Furthermore, under CAA section 114(c),

[[Page 414]]

emissions data is not entitled to confidential treatment, and the EPA is 
required to make emissions data available to the public. Thus, emissions 
data will not be protected as CBI and will be made publicly available.

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27020, May 6, 2022]



Sec.  63.8234  What equations and procedures must I use for the initial
compliance demonstration?

    (a) By-product hydrogen streams and end box ventilation system 
vents. You must determine the total grams of mercury per Megagram of 
chlorine production (g Hg/Mg Cl2) of chlorine produced from 
all by-product hydrogen streams and all end box ventilation system 
vents, if applicable, at a mercury cell chlor-alkali production 
facility, and you must follow the procedures in paragraphs (a)(1) 
through (6) of this section.
    (1) Determine the mercury emission rate for each test run in grams 
per day for each by-product hydrogen stream and for each end box 
ventilation system vent, if applicable, from Method 101, 101A, or 102 
(40 CFR part 61, appendix A).
    (2) Calculate the average measured electric current through the 
operating mercury cells during each test run for each by-product 
hydrogen stream and for each end box ventilation system vent, if 
applicable, using Equation 1 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.000

Where:

CLavg, run = Average measured cell line current load during 
          the test run, amperes;
CLi, run = Individual cell line current load measurement 
          (i.e., 15 minute reading) during the test run, amperes; and
n = Number of cell line current load measurements taken over the 
          duration of the test run.

    (3) Calculate the amount of chlorine produced during each test run 
for each by-product hydrogen stream and for each end box ventilation 
system vent, if applicable, using Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.001

Where:

PCl2,run = Amount of chlorine produced during the 
          test run, megagrams chlorine (Mg Cl2);
1.3 x 10 -6 = Theoretical chlorine production rate factor, Mg 
          Cl2 per hour per ampere per cell;
CLavg,run = Average measured cell line current load during 
          test run, amperes, calculated using Equation 1 of this 
          section;
ncell,run = Number of cells on-line during the test run; and
trun = Duration of test run, hours.

    (4) Calculate the mercury emission rate in grams of mercury per 
megagram of chlorine produced for each test run for each by-product 
hydrogen stream and for each end box ventilation system vent, if 
applicable, using Equation 3 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.002

Where:

EHg,run = Mercury emission rate for the test run, g Hg/Mg 
          Cl2;
Rrun = Measured mercury emission rate for the test run from 
          paragraph (a)(1) of this section, grams Hg per day;
trun = Duration of test run, hours;
24 = Conversion factor, hours per day; and
PCl2,run = Amount of chlorine produced during the 
          test run, calculated using Equation 2 of this section, Mg 
          Cl2.

    (5) Calculate the average mercury emission rate for each by-product 
hydrogen stream and for each end box ventilation system vent, if 
applicable, using Equation 4 of this section as follows:

[[Page 415]]

[GRAPHIC] [TIFF OMITTED] TR19DE03.003

Where:

EHg,avg = Average mercury emission rate for the by-product 
          hydrogen stream or the end box ventilation system vent, if 
          applicable, g Hg/Mg Cl2;
EHg,run = Mercury emission rate for each test run for the by-
          product hydrogen stream or the end box ventilation system 
          vent, if applicable, g Hg/Mg Cl2, calculated using 
          Equation 3 of this section; and
n = Number of test runs conducted for the by-product hydrogen stream or 
          the end box ventilation system vent, if applicable.

    (6) Calculate the total mercury emission rate from all by-product 
hydrogen streams and all end box ventilation system vents, if 
applicable, at the mercury cell chlor-alkali production facility using 
Equation 5 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.004

Where:

EHg,H2EB = Total mercury emission rate from all 
          by-product hydrogen streams and all end box ventilation system 
          vents, if applicable, at the affected source, g Hg/Mg 
          Cl2;
EHg,avg = Average mercury emission rate for each by-product 
          hydrogen stream and each end box ventilation system vent, if 
          applicable, g Hg/Mg Cl2, determined using Equation 
          4 of this section; and
n = Total number of by-product hydrogen streams and end box ventilation 
          system vents at the affected source.

    (b) Mercury thermal recovery vents. You must determine the 
milligrams of mercury per dscm exhaust discharged from mercury thermal 
recovery unit vents, using the procedures in paragraphs (b)(1) and (2) 
of this section.
    (1) Calculate the concentration of mercury in milligrams of mercury 
per dscm of exhaust for each test run for each mercury thermal recovery 
unit vent using Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.005

Where:

CHg,run = Mercury concentration for the test run, milligrams 
          of mercury per dry standard cubic meter of exhaust;
mHg = Mass of mercury in test run sample, from Method 101, 
          101A, or 102, micrograms;
10-3 = Conversion factor, milligrams per microgram; and
Vm(std) = Dry gas sample volume at standard conditions, from 
          Method 101, 101A, or 102, dry standard cubic meters.

    (2) Calculate the average concentration of mercury in each mercury 
thermal recovery unit vent exhaust using Equation 7 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.006

Where:

CHg,avg = Average mercury concentration for the mercury 
          thermal recovery unit vent, milligrams of mercury per dry 
          standard cubic meter exhaust;
CHg,run = Mercury concentration for each test run, milligrams 
          of mercury per dry standard cubic meter of exhaust, calculated 
          using Equation 6 of this section; and
n = Number of test runs conducted for the mercury thermal recovery unit 
          vent.



Sec.  63.8236  How do I demonstrate initial compliance with the emission
limitations and work practice standards?

    (a) For each mercury cell chlor-alkali production facility, you have 
demonstrated initial compliance with the applicable emission limit for 
by-product hydrogen streams and end box ventilation system vents in 
Sec.  63.8190(a)(2) if you comply with paragraphs (a)(1) and (2) of this 
section:
    (1) Total mercury emission rate from all by-product hydrogen streams 
and all end box ventilation system vents, if applicable, at the affected 
source, determined according to Sec. Sec.  63.8232 and 63.8234(a), did 
not exceed the applicable emission limit in Sec.  63.8190(a)(2)(i) or 
(ii); and

[[Page 416]]

    (2) If you have chosen the periodic monitoring option specified in 
Sec.  63.8240(b) and your final control device is not a nonregenerable 
carbon adsorber, you have established a parameter value according to 
Sec.  63.8232(f)(2).
    (b) For each mercury recovery facility, you have demonstrated 
initial compliance with the applicable emission limit for mercury 
thermal recovery unit vents in Sec.  63.8190(a)(3) if you comply with 
paragraphs (b)(1) and (2) of this section.
    (1) Mercury concentration in each mercury thermal recovery unit vent 
exhaust, determined according to Sec. Sec.  63.8232 and 63.8234(b), did 
not exceed the applicable emission limit in Sec.  63.8190(a)(3)(i) or 
(ii); and
    (2) If you have chosen the periodic monitoring option in Sec.  
63.8240(b) and have a final control device that is not a nonregenerable 
carbon adsorber, you have established a maximum or minimum monitoring 
value, as appropriate for your control device according to Sec.  
63.8232(f)(2).
    (c) Prior to the compliance date specified in Sec.  63.8186(a)(2), 
for each affected source, you have demonstrated initial compliance with 
the applicable work practice standards in Sec.  63.8192 if you comply 
with paragraphs (c)(1) through (7) of this section.
    (1) You certify in your Notification of Compliance Status that you 
are operating according to the work practice standards in Sec.  
63.8192(a) through (d).
    (2) You choose the continuous cell room monitoring program option, 
you certify in your Notification of Compliance Status that you are 
operating according to the continuous cell room monitoring program under 
Sec.  63.8192(g) and you have established your action level according to 
Sec.  63.8192(g)(2).
    (3) You certify in your Notification of Compliance Status that you 
are operating according to your washdown plan.
    (4) You have submitted your washdown plan as part of your 
Notification of Compliance Status.
    (5) You have submitted your continuous cell room monitoring plan, if 
applicable, as part of your Notification of Compliance Status.
    (6) You have submitted your floor-level cell room monitoring plan, 
if applicable, as part of your Notification of Compliance Status.
    (7) You have submitted records of the mass of virgin mercury added 
to cells for the 5 years preceding the applicable compliance date for 
your affected source as a part of the Notification of Compliance Status.
    (d) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.8252(e).
    (e) On and after the compliance date specified in Sec.  
63.8186(a)(2), for each affected source, you have demonstrated initial 
compliance with the applicable work practice standards for mercury 
emissions in Sec.  63.8192(a) through (c) and (e) through (g) if you 
comply with paragraphs (e)(1) through (4) of this section.
    (1) You have submitted a Revised Notification of Compliance Status 
containing the results of the initial compliance demonstration according 
to the requirements in Sec.  63.8252(f).
    (2) You certify in your Revised Notification of Compliance Status 
that you are operating according to the work practice standards for 
mercury emissions in Sec.  63.8192(a) through (c), (e), and (f).
    (3) You have submitted your cell room monitoring plan as part of 
your Revised Work Practice Notification of Compliance Status and you 
certify in your Revised Notification of Compliance Status that you are 
operating according to the continuous cell room monitoring program under 
Sec.  63.8192(g).
    (4) You have re-submitted your washdown plan as part of your Revised 
Notification of Compliance Status and you re-certify in your Revised 
Notification of Compliance Status that you are operating according to 
your washdown plan under Sec.  63.8192(e).
    (f) On and after the compliance date specified in Sec.  
63.8186(a)(2), for each affected source, you have demonstrated initial 
compliance with the applicable work practice standards for chlorine 
emissions in Sec.  63.8192(h) if you meet the requirements of paragraphs 
(f)(1) through (3) of this section.

[[Page 417]]

    (1) You have installed chlorine sensors in accordance with Sec.  
63.8192(h)(2).
    (2) You have certified in your Revised Notification of Compliance 
Status that you are operating according to the work practice standards 
in Sec.  63.8192(h).
    (3) You have submitted your Revised Notification of Compliance 
Status containing the results of the initial compliance demonstration 
according to the requirements in Sec.  63.8252(f).

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27020, May 6, 2022]

                   Continuous Compliance Requirements



Sec.  63.8240  What are my monitoring requirements?

    For each by-product hydrogen stream, each end box ventilation system 
vent, and each mercury thermal recovery unit vent, you must monitor the 
mercury emissions using the procedures in paragraph (a) or (b) of this 
section.
    (a) You must continuously monitor the mercury concentration using a 
mercury continuous emissions monitor according to the requirements in 
Sec. Sec.  63.8242(a) and 63.8244(a); or
    (b) You must periodically monitor the mercury emissions according to 
the requirements in Sec. Sec.  63.8242(b) and 63.8244(b).



Sec.  63.8242  What are the installation, operation, and maintenance
requirements for my continuous mercury monitoring systems?

    (a) If you choose the continuous mercury monitoring option under 
Sec.  63.8240(a), you must install, operate, and maintain each mercury 
continuous emissions monitor according to paragraphs (a)(1) through (5) 
of this section.
    (1) Each mercury continuous emissions monitor must sample, analyze, 
and record the concentration of mercury at least once every 15 minutes.
    (2) Each mercury continuous emissions monitor analyzer must have a 
detector with the capability to detect a mercury concentration of either 
0.1 [micro]g/m\3\ or 0.5 times the mercury concentration level measured 
during the performance test conducted according to Sec.  63.8232.
    (3) In lieu of a promulgated performance specification as required 
in Sec.  63.8(a)(2), you must develop a site-specific monitoring plan 
that addresses the elements in paragraphs (a)(3)(i) through (vi) of this 
section.
    (i) Installation and measurement location downstream of the final 
control device for each by-product hydrogen stream, end box ventilation 
system vent, and mercury thermal recovery unit vent.
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration analyzer, and the data collection 
and reduction system.
    (iii) Performance evaluation procedures and acceptance criteria 
(i.e., calibrations).
    (iv) Ongoing operation and maintenance procedures according to the 
requirements of Sec.  63.8(c)(1), (3), and (4)(ii).
    (v) Ongoing data quality assurance procedures according to the 
requirements of Sec.  63.8(d)(1) and (2). You shall keep these written 
procedures on record for the life of the affected source or until the 
affected source is no longer subject to the provisions of this part, to 
be made available for inspection, upon request, by the Administrator. If 
the performance evaluation plan is revised, you shall keep previous 
(i.e., superseded) versions of the performance evaluation plan on record 
to be made available for inspection, upon request, by the Administrator, 
for a period of 5 years after each revision to the plan. The program of 
corrective action shall be included in the plan required under Sec.  
63.8(d)(2).
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).
    (4) You must conduct a performance evaluation of each mercury 
continuous emissions monitor according to your site-specific monitoring 
plan.
    (5) You must operate and maintain each mercury continuous emissions 
monitor in continuous operation according to the site-specific 
monitoring plan.
    (b) If you choose the periodic monitoring option and your final 
control device is not a nonregenerable carbon adsorber, you must 
install, operate, and maintain a continuous parameter

[[Page 418]]

monitoring system (CPMS) for each parameter specified in Sec.  
63.8232(f)(1), according to Sec.  63.8(c).

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27021, May 6, 2022]



Sec.  63.8243  What equations and procedures must I use to demonstrate
continuous compliance?

    (a) By-product hydrogen streams and end box ventilation system 
vents. For each consecutive 52-week period, you must determine the g Hg/
Mg Cl2 produced from all by-product hydrogen streams and all 
end box ventilation system vents, if applicable, at a mercury cell 
chlor-alkali production facility using the procedures in paragraphs 
(a)(1) through (3) of this section. You must begin collecting data on 
the compliance date that is specified in Sec.  63.8186 for your affected 
source and calculate your first 52-week average mercury emission rate at 
the end of the 52nd week after the compliance date.
    (1) Each week, you must determine the weekly mercury emission rate 
in grams per week for each by-product hydrogen stream and for each end 
box ventilation system vent, if applicable, using one of the monitoring 
options in paragraph (a)(1)(i) or (ii) of this section.
    (i) Continuous mercury monitoring according to Sec. Sec.  63.8242 
and 63.8244(a).
    (ii) Periodic monitoring according to Sec.  63.8244(b).
    (2) Each week, you must determine the chlorine production and keep 
records of the production rate as required under Sec.  63.8256(b)(6).
    (3) Beginning 52 weeks after the compliance date specified in Sec.  
63.8186 for your affected source, you must calculate the 52-week average 
mercury emission rate from all by-product hydrogen steam and all end box 
ventilation system vents, if applicable, using Equation 1 of this 
section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.007

Where:

EHg = 52-week average mercury emission rate for 
          weeki, g Hg/Mg Cl2;
Rweek, i = Mercury emission rate for weeki from 
          paragraph (a)(1) of this section, g Hg per week;
PCl2, weeki = Amount of chlorine produced during 
          weeki, from paragraph (a)(2) of this section, Mg 
          Cl2 per week.

    (b) Mercury thermal recovery units. If you choose the continuous 
monitoring option in Sec.  63.8240(a), you must demonstrate continuous 
compliance using paragraph (b)(1) of this section. If you choose the 
periodic monitoring option in Sec.  63.8240(b), you must demonstrate 
continuous compliance using paragraph (b)(2) of this section.
    (1) You must calculate the daily average mercury concentration using 
Equation 2 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR19DE03.008

Where:

CHg, dailyavg = Average mercury concentration for the 
          operating day, milligrams per dry standard cubic meter;
CHg,i = Concentration of mercury measured at the interval i 
          (i.e., 15 minute reading) using a mercury continuous emission 
          monitor, milligrams per dry standard cubic meter; and
n = Number of concentration measurements taken during the operating day.

    (2) You must calculate the daily average mercury concentration using 
the procedures in Sec.  63.8234(b).



Sec.  63.8244  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) Continuous monitoring option. You must monitor mercury 
concentration according to Sec.  63.8242(a) at all times that the 
affected source is operating with the exception of paragraphs (a)(1) and 
(2) of this section.
    (1) Except for monitor malfunctions, associated repairs, and 
required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor mercury emissions continuously (or collect data at all 
required intervals) at all times that the affected source is operating. 
A monitoring malfunction is any sudden, infrequent, not reasonably 
preventable failure of the monitoring to provide

[[Page 419]]

valid data. Monitoring failures that are caused in part by poor 
maintenance or careless operation are not malfunctions.
    (2) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels or to fulfill a minimum data availability requirement, if 
applicable. You must use all the data collected during all other periods 
in assessing compliance.
    (b) Periodic monitoring option. If you choose the periodic 
monitoring option under Sec.  63.8240(b), you must monitor according to 
the procedures in paragraph (b)(1) or (2) of this section.
    (1) If your final control device is a nonregenerable carbon 
adsorber, then you must conduct at least three test runs per week 
meeting the criteria specified in Sec.  63.8232(c)(1) and (2) to measure 
mercury emissions using the test methods specified in Sec.  63.8232(d). 
Alternatively, you may use any other method that has been validated 
using the applicable procedures in Method 301, 40 CFR part 63, appendix 
A.
    (2) If your final control device is anything other than a 
nonregenerable carbon adsorber, you must monitor according to the 
requirements of paragraphs (b)(2)(i) through (v) of this section.
    (i) You must conduct at least three test runs per week meeting the 
criteria specified in Sec.  63.8232(c)(1) and (2) to measure mercury 
emissions using the test methods specified in Sec.  63.8232(d). 
Alternatively, you may use any other method that has been validated 
using the applicable procedures in Method 301, 40 CFR part 63, appendix 
A.
    (ii) Except as specified in paragraph (b)(2)(iii) of this section, 
you must continuously collect data at least once every 15 minutes using 
a CPMS installed and operated according to Sec.  63.8242(b) and record 
each 1-hour average from all measured data values during each 1-hour 
period for the applicable parameter identified in Sec.  63.8232(f)(1) 
using the methods specified in Sec.  63.8244(a).
    (iii) As appropriate, you must continuously monitor the temperature 
specified in Sec.  63.8232(f)(1)(vii) during each heating phase of the 
regeneration cycle of your carbon adsorber.
    (iv) If the hourly average monitoring value of any applicable 
parameter recorded under paragraph (b)(2)(ii) of this section is below 
the minimum monitoring value or above the maximum monitoring value of 
that same parameter established under Sec.  63.8232(f)(2) for 24 
consecutive hours, your monitoring value is out of range and you must 
take corrective action as soon as practicable. The hourly average 
monitoring value must be above the minimum monitoring value or below the 
maximum monitoring value as appropriate for that parameter, within 48 
hours of the period that the monitoring value is out of range.
    (v) If your final control device is a regenerative carbon adsorber, 
when the maximum hourly value of the temperature measured according to 
paragraph (b)(2)(iii) of this section is below the reference temperature 
determined according to Sec.  63.8232(f)(2) for three consecutive 
regeneration cycles, your monitoring value is out of range and you must 
take corrective action as soon as practicable. During the first 
regeneration cycle following the period that your monitoring value is 
out of range, the maximum hourly value must be above the reference 
temperature recorded according to Sec.  63.8232(f)(2).



Sec.  63.8246  How do I demonstrate continuous compliance with the emission
limitations and work practice standards?

    (a) By-product hydrogen streams and end box ventilation system 
vents. (1) For all by-product hydrogen streams and all end box 
ventilation system vents, if applicable, you must demonstrate continuous 
compliance with the applicable mercury emission limit by reducing the 
mercury emissions data to 52-week averages using Equation 1 of Sec.  
63.8243 and maintaining the 52-week average mercury emissions no higher 
than the applicable mercury emissions limit in Sec.  63.8190(a)(2). To 
obtain the data to calculate these 52-week averages, you must monitor in 
accordance with paragraph (a)(1)(i) or (ii) of this section.
    (i) Continuous monitoring option. You must collect mercury emissions 
data

[[Page 420]]

according to Sec.  63.8244(a), representing at least 75 percent of the 
15-minute periods in each operating day of the 52-week compliance period 
(with data recorded during monitoring malfunctions, associated repairs, 
and required quality assurance or control activities not counting toward 
the 75 percent requirement);
    (ii) Periodic monitoring option. You must conduct at least three 
test runs per week to collect mercury emissions samples according to 
Sec.  63.8244(b)(1) and (2)(i) and, if your final control device is not 
a nonregenerable carbon adsorber, you must collect data for monitoring 
values according to Sec.  63.8244(b)(2)(ii) through (v).
    (2) You must maintain records of mercury emissions and 52-week 
average values, as required in Sec.  63.8256(b)(3) and (4). If your 
final control device is not a nonregenerable carbon adsorber, you must 
maintain records according to Sec.  63.8256(d).
    (b) Mercury thermal recovery unit vents. (1)(1) For each mercury 
thermal recovery unit vent, you must demonstrate continuous compliance 
with the applicable emission limit specified in Sec.  63.8190(a)(3) by 
maintaining the outlet mercury daily-average concentration no higher 
than the applicable limit. To determine the outlet mercury 
concentration, you must monitor according to paragraph (b)(1)(i) or (ii) 
of this section.
    (i) Continuous monitoring option. You must collect mercury 
concentration data according to Sec.  63.8244(a), representing at least 
75 percent of the 15-minute periods in the operating day (with data 
recorded during monitoring malfunctions, associated repairs, and 
required quality assurance or control activities not counting toward the 
75 percent requirement).
    (ii) Periodic monitoring option. You must conduct at least three 
test runs per week to collect mercury emissions samples according to 
Sec.  63.8244(b)(1) and (2)(i) and, if your final control device is not 
a nonregenerable carbon adsorber, you must collect data for monitoring 
values according to Sec.  63.8244(b)(2)(ii) through (v).
    (2) You must maintain records of mercury emissions and daily average 
values as required in Sec.  63.8256(b)(3). If your final control device 
is not a nonregenerable carbon adsorber, you must maintain records 
according to Sec.  63.8256(d).
    (c) You must demonstrate continuous compliance with the applicable 
work practice standards for mercury emissions in Sec.  63.8192 by 
maintaining records in accordance with Sec.  63.8256(c) and (e).
    (d) You must demonstrate continuous compliance with the applicable 
work practice standards for chlorine emissions in Sec.  63.8192(h) by 
continuously operating the chlorine sensors required by Sec.  
63.8192(h)(2), inspecting equipment in accordance with Sec.  
63.8192(h)(3), repairing equipment in accordance with Sec.  
63.8192(h)(4) and maintaining records in accordance with Sec.  
63.8256(f).

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27021, May 6, 2022]



Sec.  63.8248  What other requirements must I meet?

    (a) Deviations. The instances specified in paragraphs (a)(1) through 
(4) of this section are deviations and must be reported according to the 
requirements in Sec.  63.8254 and recorded according to the requirements 
in Sec.  63.8256(a)(2).
    (1) You must report each instance in which you did not meet each 
emission limitation in Sec.  63.8190 that applies to you.
    (2) You must report each instance in which you did not meet each 
work practice standard in Sec.  63.8192 that applies to you.
    (3) You must report each instance in which the corrective actions 
taken according to Sec.  63.8244(b)(2)(iv) did not result in average 
monitoring values being within range within 48 hours of the period that 
the monitoring value is out of range.
    (4) You must report each instance in which the corrective action 
taken according to Sec.  63.8244(b)(2)(v) did not result in the maximum 
hourly temperature being above the reference temperature during the 
first regeneration cycle following the period that the monitoring value 
was out of range.
    (b) Startups, shutdowns, and malfunctions.The provisions of 
paragraphs (b)(1) through (3) of this section apply until November 7, 
2022. On and after

[[Page 421]]

November 7, 2022, the provisions of paragraphs (b)(1) through (3) of 
this section no longer apply. (1) Consistent with Sec. Sec.  63.6(e) and 
63.7(e)(1), deviations that occur during a period of startup, shutdown, 
or malfunction are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
Sec.  63.6(e)(1).
    (2) The Administrator will determine whether deviations that occur 
during a period of startup, shutdown, or malfunction are violations, 
according to the provisions in Sec.  63.6(e).
    (3) By-passing the control device for maintenance activities is not 
considered a startup, shutdown, or malfunction event.

[68 FR 70928, Dec. 19, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 
87 FR 27021, May 6, 2022]

                   Notification, Reports, and Records



Sec.  63.8252  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(e) and (f) and 63.9(b) through (h) that apply to you by 
the dates specified.
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before December 19, 2003, you must submit an Initial Notification 
no later than 120 calendar days after December 19, 2003, or no later 
than 120 days after the source becomes subject to this subpart, 
whichever is later.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed mercury recovery facility on or after December 19, 2003, 
you must submit your initial notification not later than 120 days after 
you become subject to this subpart.
    (d) For each performance test that you are required to conduct for 
by-product hydrogen streams and end box ventilation system vents and for 
mercury thermal recovery unit vents, you must submit a notification of 
intent to conduct a performance test at least 60 calendar days before 
the performance test is scheduled to begin as required in Sec.  
63.7(b)(1).
    (e) You must submit a Notification of Compliance Status according to 
paragraphs (e)(1) and (2) of this section.
    (1) For each initial compliance demonstration that does not include 
a performance test, you must submit the Notification of Compliance 
Status before the close of business on the 30th calendar day following 
the completion of the initial compliance demonstration. The Notification 
of Compliance Status must contain the items in paragraphs (e)(1)(i) 
through (iv) of this section:
    (i) If you choose not to implement a cell room monitoring program 
according to Sec.  63.8192(g), a certification that you are operating 
according to the applicable work practice standards for mercury 
emissions in Sec.  63.8192(a) through (d) and your floor-level mercury 
vapor measurement plan required by Sec.  63.8192(d).
    (ii) The washdown plan, and you must certify that you are operating 
according to the washdown plan specified in Sec.  63.8192(f).
    (iii) The mass of virgin mercury added to cells for the 5 years 
preceding the compliance date.
    (iv) If you choose to implement a cell room monitoring program 
according to Sec.  63.8192(g), your cell room monitoring plan.
    (2) For each initial compliance demonstration that does include a 
performance test, you must submit the Notification of Compliance Status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the performance test 
according to Sec.  63.10(d)(2). The Notification of Compliance Status 
must contain the information in Sec.  63.9(h)(2)(ii)(A) through (G). The 
site-specific monitoring plan required in Sec.  63.8242(a)(3) must also 
be submitted.
    (f) You must submit a Revised Notification of Compliance Status 
before the close of business on the date 30 days after the compliance 
date in Sec.  63.8186(a)(2) containing the items in paragraphs (f)(1) 
through (5) of this section:
    (1) A certification that you are operating according to the work 
practice standards for mercury emissions in Sec.  63.8192(a) through (c) 
and (e) through (g).

[[Page 422]]

    (2) Your cell room monitoring plan, including your initial action 
level determined in accordance with Sec.  63.8192(g)(2), and a 
certification that you are operating according to the continuous cell 
room monitoring program under Sec.  63.8192(g).
    (3) Your washdown plan, and a certification that you are operating 
according to your washdown plan under Sec.  63.8192(e).
    (4) Records of the mass of virgin mercury added to cells for every 
year since 2001.
    (5) A certification that you have installed chlorine sensors in 
accordance with Sec.  63.8192(h)(2) and that you are operating according 
to the work practice standards for chlorine emissions in Sec.  
63.8192(h).
    (g) You must submit all subsequent Notification of Compliance Status 
reports and Revised Notification of Compliance Status reports in PDF 
format to the EPA via CEDRI, which can be accessed through EPA's CDX 
(https://cdx.epa.gov/).
    (h) You must submit a notification of compliance with the 
prohibition of mercury emissions as specified in paragraphs (e)(1) and 
(2) of this section.
    (1) The notification must include the information specified in 
paragraph (e)(1)(i) and (ii) of this section.
    (i) A certification that the requirement of Sec.  63.8190(a)(2)(ii) 
has been met.
    (ii) A brief explanation of how the requirement of Sec.  
63.8190(a)(2)(ii) has been met.
    (2) You must submit this notification before the close of business 
on the 30th calendar day following the date when compliance with Sec.  
63.8190(a)(2)(ii) is attained.

[68 FR 70928, Dec. 19, 2003, as amended at 85 FR 73914, Nov. 19, 2020, 
85 FR 84262, Dec. 28, 2020; 87 FR 27021, May 6, 2022]



Sec.  63.8254  What reports must I submit and when?

    (a) Compliance report due dates. You must submit a semiannual 
compliance report to your permitting authority according to the 
requirements in paragraphs (a)(1) through (4) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.8186 and ending on June 30 or December 31, whichever date comes first 
after the compliance date that is specified for your affected source in 
Sec.  63.8186.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date comes first after your 
first compliance reporting period.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date comes 
first after the end of the semiannual reporting period.
    (b) Compliance report contents. Each compliance report must contain 
the information in paragraphs (b)(1) through (3) of this section, and as 
applicable, paragraphs (b)(5) through (13) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) [Reserved]
    (5) If there were no deviations from the continuous compliance 
requirements in Sec.  63.8246 that apply to you, a statement that there 
were no deviations from the emission limitations, work practice 
standards, and operation and maintenance standards during the reporting 
period.
    (6) If there were no periods during which the mercury continuous 
emission monitor or CPMS (if applicable) were out-of-control as 
specified in Sec.  63.8(c)(7), a statement that there were no periods 
during the which the mercury continuous emissions monitor or CPMS (if 
applicable) were out-of-control during the reporting period.
    (7) For each deviation from the requirements for work practice 
standards in Sec.  63.8192, the information in paragraphs (b)(7)(i) and 
(ii) of this section.
    (i) For each deviation from the mercury work practice standards in 
Tables 1 through 4 to this subpart that occurs

[[Page 423]]

at an affected source (including deviations where the response intervals 
were not adhered to as described in Sec.  63.8192(b)), each deviation 
from the cell room monitoring program monitoring and data recording 
requirements in Sec.  63.8192(g)(3), and each deviation from the 
response intervals required by Sec.  63.8192(g)(4) when an action level 
is exceeded, the compliance report must contain the information in 
paragraphs (b)(1) through (3) of this section and the information in 
paragraphs (b)(7)(i)(A) through (C) of this section.
    (A) The total operating time of each affected source during the 
reporting period.
    (B) Information on the number, date, time, duration, and cause of 
deviations (including unknown cause, if applicable), as applicable, and 
the corrective action taken.
    (C) A list of the affected sources or equipment.
    (ii) For each deviation from the fugitive chlorine requirements in 
Sec.  63.8192(h), including periods when the chlorine sensors required 
by Sec.  63.8192(h)(2) were not operating; instances where the chlorine 
sensors required by Sec.  63.8192(h)(2) were not calibrated and 
maintained in accordance with manufacturer instructions or spare parts 
were not maintained; instances where inspections were not performed in 
accordance with Sec.  63.8192(h)(3)(i) and (ii); and instances where 
leak repair intervals in Sec.  63.8192(h)(4) were not met; the 
compliance report must contain the information in paragraphs (b)(1) 
through (3) of this section and the information in paragraphs 
(b)(7)(ii)(A) through (C) of this section.
    (A) The total operating time of each affected source during the 
reporting period.
    (B) Information on the number, date, time, duration, and cause of 
deviations (including unknown cause, if applicable), as applicable, and 
the corrective action taken.
    (C) A list of the affected sources or equipment.
    (8) For each deviation from an emission limitation occurring at an 
affected source where you are using a mercury continuous emission 
monitor, according to the site-specific monitoring plan required in 
Sec.  63.8242(a)(3), to comply with the emission limitation in this 
subpart, you must include the information in paragraphs (b)(1) through 
(3) of this section and the information in paragraphs (b)(8)(i) through 
(xv) of this section.
    (i) A list of the affected sources and equipment.
    (ii) The date and time that each deviation started and stopped.
    (iii) For each deviation, the cause of the deviation (including 
unknown cause, if applicable), as applicable, and corrective action 
taken.
    (iv) For each deviation, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit.
    (v) A description of the method used to estimate the emissions.
    (vi) The date and time of each instance in which a continuous 
monitoring system was inoperative, except for zero (low-level) and high-
level checks.
    (vii) The date, time, and duration of each instance in which a 
continuous monitoring system was out-of-control, including the 
information in Sec.  63.8(c)(8).
    (viii) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (ix) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
    (x) A summary of the total duration of continuous monitoring system 
downtime during the reporting period and the total duration of 
monitoring system downtime as a percent of the total source operating 
time during the reporting period.
    (xi) An identification of each hazardous air pollutant that was 
monitored at the affected source.
    (xii) A brief description of the process units.
    (xiii) A brief description of the continuous monitoring system.
    (xiv) The date of the latest continuous monitoring system 
certification or audit.

[[Page 424]]

    (xv) A description of any changes in monitoring system, processes, 
or controls since the last reporting period.
    (9) For each deviation from an operation and maintenance standard 
occurring at an affected source where you are using the periodic 
monitoring option specified in Sec.  63.8240(b) and your final control 
device is not a nonregenerable carbon adsorber, the compliance report 
must include the information in paragraphs (b)(1) through (3) of this 
section and the information in paragraphs (b)(9)(i) through (xiii) of 
this section.
    (i) A list of the affected sources or equipment.
    (ii) The total operating time of each affected source during the 
reporting period.
    (iii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (iv) For each deviation, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit.
    (v) A description of the method used to estimate the emissions.
    (vi) The date and time of each instance in which a CPMS was 
inoperative, except for zero (low-level) and high-level checks.
    (vii) The date, time, and duration of each instance in which a CPMS 
was out-of-control, including the information specified in Sec.  
63.8(c)(8).
    (viii) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (ix) A breakdown of the total duration of the deviations during the 
reporting period including those that are due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
    (x) A summary of the total duration of continuous monitoring system 
downtime during the reporting period and the total duration of 
monitoring system downtime as a percent of the total source operating 
time during the reporting period.
    (xi) A brief description of the CPMS.
    (xii) The date of the latest CPMS certification or audit.
    (xiii) A description of any changes in monitoring system, processes, 
or controls since the last reporting period.
    (10) The compliance report must contain the mass of virgin mercury 
added to cells for the reporting period.
    (11) The compliance report must contain each instance in which 
corrective actions taken under Sec.  63.8244(b)(2)(iv) did not result in 
average monitoring values being within range within 48 hours of the 
period that the monitoring value is out of range.
    (12) The compliance report must contain each instance in which 
corrective action taken according to Sec.  63.8244(b)(2)(v) did not 
result in the maximum hourly temperature being above the reference 
temperature during the first regeneration cycle following the period 
that the monitoring value was out of range.
    (13) The compliance report must contain the information specified in 
paragraphs (b)(13)(i) through (iii) for each instance where the 1-hour 
average concentration of chlorine detected by a chlorine sensor required 
by Sec.  63.8192(h)(2) was 2 ppmv or greater.
    (i) The date and times a chlorine sensor detected chlorine 
concentrations of 2 ppmv or greater.
    (ii) The location of the sensor.
    (iii) The date and time that the sensor returned to a 1-hour average 
concentration of less than 2 ppmv.
    (14) The compliance report must contain the information specified in 
paragraphs (b)(14)(i) and (ii) for all inspections conducted under 
either Sec.  63.8192(h)(3)(i) or (ii). You must also record the 
information in paragraphs (b)(14)(iii) through (vii) of this section for 
each leak identified.
    (i) The date of each inspection.
    (ii) The reason for each inspection (i.e., a routine inspection 
conducted each 12 hours or an inspection conducted in response to a 2 
ppmv or greater 1-hour average concentration of chlorine, as detected by 
a sensor).
    (iii) Location of the leak.
    (iv) Date and time the leak was identified.
    (v) Date and time of initial repair attempt.

[[Page 425]]

    (vi) Date and time the leak is repaired.
    (vii) A description of the repair made to stop the leak.
    (c) [Reserved]
    (d) Title V monitoring report. After your affected source has been 
issued a title V operating permit pursuant to 40 CFR part 70 or 40 CFR 
part 71, you must report all deviations from permit requirements and 
provide reports of any required monitoring in your semiannual monitoring 
report as required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If you submit a semiannual compliance report for an 
affected source as required by this subpart as part of the semiannual 
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), and the semiannual compliance report includes all 
information required by the 40 CFR part 70 or 40 CFR part 71 semiannual 
monitoring report for the deviations that are reported in the semiannual 
compliance report, submission of the semiannual compliance report 
satisfies your obligation to report the same deviation information in 
the semiannual monitoring report. However, in such situations, the 
semiannual monitoring report must cross-reference the semiannual 
compliance report, and submission of a semiannual compliance report does 
not otherwise affect any obligation you may have to report deviations 
from permit requirements for an affected source to your permitting 
authority under 40 CFR part 70 or 40 CFR part 71.
    (e) The owner or operator must submit semiannual compliance reports 
in PDF formatto the EPA viaCEDRI, which can be accessedthrough EPA's CDX 
(https://cdx.epa.gov/).

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27022, May 6, 2022]



Sec.  63.8256  What records must I keep?

    (a) General records. You must keep the records in paragraphs (a)(1) 
and (2) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
initial notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) The records specified in paragraphs (a)(2)(i) and (ii) of this 
section related to deviations.
    (i) Record actions taken to minimize emissions in accordance with 
Sec.  63.8222 and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (ii) Records of the information reported as required in Sec.  
63.8254(b)(7) through (9) and (11) through (13).
    (b) Records associated with the by-product hydrogen stream and end 
box ventilation system vent emission limitations and the mercury thermal 
recovery unit vent emission limitations. You must keep the records in 
paragraphs (b)(1) through (5) of this section related to the emission 
limitations in Sec.  63.8190(a)(2) through (3) and (b).
    (1) Records of performance tests as required in Sec.  
63.10(b)(2)(viii).
    (2) Records of the mercury emissions monitoring conducted during the 
performance tests.
    (3) Records of the continuous or periodic mercury emissions 
monitoring data.
    (4) Records of the 52-week rolling average mercury emissions.
    (5) Records associated with your site-specific monitoring plan 
required in Sec.  63.8242(a)(3) (i.e., results of inspections, 
calibrations, and validation checks of each mercury concentration 
continuous monitoring system (CMS)).
    (6) Records of chlorine production on a weekly basis.
    (c) Records associated with the work practice standards for mercury 
emissions that must be kept prior to the compliance date in Sec.  
63.8186(a)(2).
    (1) If you choose not to institute a cell room monitoring program 
according to Sec.  63.8192(g) of this subpart, you must keep the records 
specified in paragraphs (c)(1)(i) through (v) of this section.
    (i) Records specified in Table 9 to this subpart related to the work 
practice standards in Tables 1 through 4 of this subpart.
    (ii) Your current floor-level mercury vapor measurement plan.
    (iii) Records of the average value calculated from at least three 
measurements taken according to your floor-

[[Page 426]]

level mercury vapor measurement plan.
    (iv) Records indicated in Sec.  63.8192(d)(4)(i) for maintenance 
activities that cause the floor-level mercury concentration to exceed 
the action level.
    (v) Records of all inspections and corrective actions taken in 
response to a non-maintenance related situation in which the mercury 
vapor concentration exceeds the floor-level mercury concentration action 
level.
    (2) You must maintain a copy of your current washdown plan and 
records of when each washdown occurs.
    (3) You must maintain records of the mass of virgin mercury added to 
cells for each reporting period.
    (4) If you choose to institute a cell room monitoring program 
according to Sec.  63.8192(g) of this subpart, you must keep your 
current cell room monitoring plan and the records specified in 
paragraphs (c)(4)(i) through (v) of this section.
    (i) Records of the monitoring conducted in accordance with Sec.  
63.8192(g)(2)(i) to establish your action level, and records 
demonstrating the development of this action level.
    (ii) Records of the cell room mercury concentration monitoring data 
collected.
    (iii) Instances when the action level is exceeded.
    (iv) Records specified in Sec.  63.8192(g)(4)(i) for maintenance 
activities that cause the mercury vapor concentration to exceed the 
action level.
    (v) Records of all inspections and corrective actions taken in 
response to a non-maintenance related situation in which the mercury 
vapor concentration exceeds the action level.
    (d) Records associated with the periodic monitoring option if your 
final control device is not a nonregenerable carbon adsorber. You must 
keep the records in paragraph (d)(1) through (3) of this section.
    (1) Records of the CPMS data collected during the performance test 
as specified in Sec.  63.8232(f)(1).
    (2) Records documenting the development of the maximum monitoring 
value or minimum monitoring value, as appropriate, according to Sec.  
63.8232(f)(2).
    (3) Records of hourly average values of applicable parameters 
monitored as specified in Sec.  63.8244(b)(2)(ii) or (iii).
    (e) Records associated with the work practice standards for mercury 
emissions that must be kept after the compliance date in Sec.  
63.8186(a)(2).
    (1) The records specified in Table 9 to this subpart related to the 
work practice standards in Tables 1 through 4 of this subpart.
    (2) You must maintain a copy of your current washdown plan and 
records of when each washdown occurs.
    (3) You must maintain records of the mass of virgin mercury added to 
cells for each reporting period.
    (4) You must keep your current cell room monitoring plan and the 
records specified in paragraphs (e)(4)(i) through (v) of this section.
    (i) Records of the monitoring conducted in accordance with Sec.  
63.8192(g)(2)(i) to establish your action level, and records 
demonstrating the development of this action level.
    (ii) Records of the cell room mercury concentration monitoring data 
collected.
    (iii) Instances when the action level is exceeded.
    (iv) Records specified in Sec.  63.8192(g)(4)(i) for maintenance 
activities that cause the mercury vapor concentration to exceed the 
action level.
    (v) Records of all inspections and corrective actions taken in 
response to a non-maintenance related situation in which the mercury 
vapor concentration exceeds the action level.
    (f) You must keep the records specified in paragraphs (f)(1) through 
(4) of this section associated with the work practice standards for 
fugitive chlorine emissions specified in Sec.  63.8192(h) after the 
compliance date in Sec.  63.8186(a)(2).
    (1) Identification of all equipment in the mercury cell chlor-alkali 
production facility affected source containing chlorine gas at a 
concentration of greater than 5 percent by volume. You may exclude 
equipment that is under negative pressure.
    (2) Records of the information reported as required in Sec.  
63.8254(b)(13) and (14).
    (3) You must record the information specified in paragraphs 
(f)(3)(i) through

[[Page 427]]

(iv) of this section for the chlorine sensors required by Sec.  
63.8192(h)(2).
    (i) The location, manufacturer, and model number of each sensor.
    (ii) The manufacturer's instructions for operation, maintenance, and 
calibration of the chlorine sensors.
    (iii) Records of all maintenance and calibration of the chlorine 
sensors.
    (iv) You must record all periods when the chlorine sensors are not 
operating.
    (4) You must maintain records of all chlorine concentration 
measurements.

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27023, May 6, 2022]



Sec.  63.8258  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious inspection and review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.8262  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.13 apply to you.

[87 FR 27023, May 6, 2022]



Sec.  63.8264  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the EPA Administrator and are not transferred to the State, 
local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (5) of this section 
will not be delegated to State, local, or tribal agencies.
    (1) Approval of alternatives under Sec.  63.6(g) to the non-opacity 
emission limitations in Sec.  63.8190 and work practice standards in 
Sec.  63.8192.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27023, May 6, 2022]



Sec.  63.8266  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in Sec.  63.2, 
and in this section as follows:
    Aqueous liquid means a liquid mixture in which water is the 
predominant component.
    Brine means an aqueous solution of alkali metal chloride, as sodium 
chloride salt solution or potassium chloride salt solution, that is used 
in the electrolyzer as a raw material.
    By-product hydrogen stream means the hydrogen gas from each 
decomposer that passes through the hydrogen system and is burned as 
fuel, transferred to another process as raw material, or discharged 
directly to the atmosphere.
    Caustic means an aqueous solution of alkali metal hydroxide, as 
sodium hydroxide or potassium hydroxide, that is produced in the 
decomposer.
    Caustic basket means a fixture adjacent to the decomposer that 
contains a serrated funnel over which the caustic from the decomposer 
passes, breaking

[[Page 428]]

into droplets such that electric current is interrupted.
    Caustic system means all vessels, piping, and equipment that convey 
caustic and remove mercury from the caustic stream. The caustic system 
begins at the decomposer and ends after the primary filters.
    Cell room means a building or other structure in which one or more 
mercury cells are located.
    Continuous parameter monitoring system, or CPMS, means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition (if 
applicable), analyze, and provide a record of process of control system 
parameters.
    Control device means a piece of equipment (such as condensers, 
coolers, chillers, heat exchangers, mist eliminators, absorption units, 
and adsorption units) that removes mercury from gaseous streams.
    Decomposer means the component of a mercury cell in which mercury 
amalgam and water react in bed of graphite packing (within a cylindrical 
vessel), producing caustic and hydrogen gas and returning mercury to its 
elemental form for re-use in the process.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit) or work practice standard (including any 
monitoring plan);
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
title V operating permit for any affected source required to obtain such 
a permit; or
    (3) Fails to take corrective actions within 48 hours that result in 
parameter monitoring values being within range.
    Electrolyzer means the main component of the mercury cell that 
consists of an elongated, shallow steel trough that holds a layer of 
mercury as a flowing cathode. The electrolyzer is enclosed by side 
panels and a top that suspends metal anodes. In the electrolyzer, brine 
is fed between a flowing mercury cathode and metal anodes in the 
presence of electricity to produce chlorine gas and an alkali metal-
mercury amalgam (mercury amalgam).
    Emission limitation means any emission limit or operating limit.
    End box means a component of a mercury cell for transferring 
materials between the electrolyzer and the decomposer. The inlet end box 
collects and combines raw materials at the inlet end of the cell, and 
the outlet end box separates and directs various materials either into 
the decomposer or out of the cell.
    End box ventilation system means all vessels, piping, and equipment 
that evacuate the head space of each mercury cell end box (and possibly 
other vessels and equipment) to the atmosphere. The end box ventilation 
system begins at the end box (and other vessel or equipment which is 
being evacuated) and terminates at the end box ventilation system vent. 
The end box ventilation system includes all control devices.
    End box ventilation system vent means the discharge point of the end 
box ventilation system to the atmosphere after all control devices.
    Hydrogen leak means hydrogen gas (containing mercury vapor) that is 
escaping from the decomposer or hydrogen system.
    Hydrogen system means all vessels, piping, and equipment that convey 
a by-product hydrogen stream. The hydrogen system begins at the 
decomposer and ends at the point just downstream of the last control 
device. The hydrogen system includes all control devices.
    In liquid mercury service means containing or coming in contact with 
liquid mercury.
    Liquid mercury accumulation means one or more liquid mercury 
droplets, or a pool of liquid mercury, present on the floor or other 
surface exposed to the atmosphere.
    Liquid mercury leak means the liquid mercury that is dripping or 
otherwise escaping from process equipment.
    Liquid mercury spill means a liquid mercury accumulation resulting 
from a

[[Page 429]]

liquid mercury that leaked from process equipment or that dripped during 
maintenance or handling.
    Mercury cell means a device consisting of an electrolyzer and 
decomposer, with one or more end boxes, a mercury pump, and other 
components linking the electrolyzer and decomposer.
    Mercury cell amalgam seal pot means a compartment through which 
mercury amalgam passes from an outlet end box to a decomposer.
    Mercury cell chlor-alkali plant means all contiguous or adjoining 
property that is under common control, where mercury cells are used to 
manufacture product chlorine, product caustic, and by-product hydrogen 
and where mercury may be recovered from wastes.
    Mercury cell chlor-alkali production facility means an affected 
source consisting of all cell rooms and ancillary operations used in the 
manufacture of product chlorine, product caustic, and by-product 
hydrogen at a mercury cell chlor-alkali plant.
    Mercury concentration CMS, or mercury concentration continuous 
monitoring system, means a CMS, as defined in Sec.  63.2, that 
continuously measures the concentration of mercury.
    Mercury-containing wastes means waste materials containing mercury, 
which are typically classified under Resource Conservation and Recovery 
Act (RCRA) solid waste designations. K071 wastes are sludges from the 
brine system. K106 are wastewater treatment sludges. D009 wastes are 
non-specific mercury-containing wastes, further classified as either 
debris or nondebris (i.e., cell room sludges and carbon from 
decomposes).
    Mercury pump means a component of a mercury cell for conveying 
elemental mercury re-created in the decomposer to the beginning of the 
mercury cell. A mercury pump is typically found either as an in-line 
mercury pump (near a mercury suction pot or mercury seal pot) or 
submerged mercury pump (within a mercury pump tank or mercury pump 
seal).
    Mercury recovery facility means an affected source consisting of all 
processes and associated operations needed for mercury recovery from 
wastes at a mercury cell chlor-alkali plant.
    Mercury thermal recovery unit means the retort(s) where mercury-
containing wastes are heated to volatilize mercury and the mercury 
recovery/control system (control devices and other equipment) where the 
retort off-gas is cooled, causing mercury to condense and liquid mercury 
to be recovered.
    Mercury thermal recovery unit vent means the discharge point of the 
mercury thermal recovery unit to the atmosphere after all recovery/
control devices. This term encompasses both oven type vents and non-oven 
type vents.
    Mercury vacuum cleaner means a cleanup device used to draw a liquid 
mercury spill or accumulation (via suction pressure) into a closed 
compartment.
    Non-oven type mercury thermal recovery unit vent means the discharge 
point to the atmosphere after all recovery/control devices of a mercury 
thermal recovery unit in which the retort is either a rotary kiln or 
single hearth retort.
    Open-top container means any container that does not have a tight-
fitting cover that keeps its contents from being exposed to the 
atmosphere.
    Oven type mercury thermal recovery unit vent means the discharge 
point to the atmosphere after all recovery/control devices of a mercury 
thermal recovery unit in which each retort is a batch oven retort.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Retort means a furnace where mercury-containing wastes are heated to 
drive mercury into the gas phase. The types of retorts used as part of 
mercury thermal recovery units at mercury cell chlor-alkali plants 
include batch oven retorts, rotary kilns, and single hearth retorts.
    Spalling means fragmentation by chipping.
    Sump means a large reservoir or pit for wastewaters (primarily 
washdown waters).
    Trench means a narrow channel or depression built into the length of 
a cell room floor that leads washdown materials to a drain.
    Vent hose means a connection for transporting gases from the mercury 
cell.

[[Page 430]]

    Virgin mercury means mercury that has not been processed in an 
onsite mercury thermal recovery unit or otherwise recovered from 
mercury-containing wastes onsite.
    Washdown means the act of rinsing a floor or surface with a stream 
of aqueous liquid to cleanse it of a liquid mercury spill or 
accumulation, generally by driving it into a trench.
    Week means any consecutive seven-day period.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the CAA.

[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27023, May 6, 2022]



   Sec. Table 1 to Subpart IIIII of Part 63--Work Practice Standards--
             Design, Operation, and Maintenance Requirements

    As stated in Sec.  63.8192, you must meet the work practice 
standards in the following table:

------------------------------------------------------------------------
             For . . .                         You must . . .
------------------------------------------------------------------------
1. Cell rooms.....................  a. For new or modified cell rooms,
                                     construct each cell room interior
                                     using materials that are resistant
                                     to absorption of mercury, resistant
                                     to corrosion, facilitate the
                                     detection of liquid mercury spills
                                     or accumulations, and are easy to
                                     clean.
                                    b. Limit access around and beneath
                                     mercury cells in each cell room to
                                     prevent liquid mercury from being
                                     tracked into other areas.
                                    c. Provide adequate lighting in each
                                     cell room to facilitate the
                                     detection of liquid mercury spills
                                     or accumulations.
                                    d. Minimize the number of items
                                     stored around and beneath cells in
                                     each cell room.
2. Mercury cells and electrolyzers  a. Operate and maintain each
                                     electrolyzer, decomposer, end box,
                                     and mercury pump to minimize
                                     leakage of mercury.
                                    b. Prior to opening an electrolyzer
                                     for maintenance, do the following:
                                     (1) Complete work that can be done
                                     before opening the electrolyzer in
                                     order to minimize the time required
                                     to complete maintenance when the
                                     electrolyzer is open; (2) fill the
                                     electrolyzer with an aqueous
                                     liquid, when possible; (3) allow
                                     the electrolyzer to cool before
                                     opening; and (4) schedule and staff
                                     maintenance of the electrolyzer to
                                     minimize the time the electrolyzer
                                     is open.
                                    c. When the electrolyzer top is
                                     raised and before moving the top
                                     and anodes, thoroughly flush all
                                     visible mercury from the top and
                                     the anodes with an aqueous liquid,
                                     when possible.
                                    d. While an electrolyzer is open,
                                     keep the bottom covered with an
                                     aqueous liquid or maintain a
                                     continuous flow of aqueous liquid,
                                     when possible.
                                    e. During an electrolyzer side panel
                                     change, take measures to ensure an
                                     aqueous liquid covers or flows over
                                     the bottom, when possible.
                                    f. Each time an electrolyzer is
                                     opened, inspect and replace
                                     components, as appropriate.
                                    g. If you step into an electrolyzer
                                     bottom, either remove all visible
                                     mercury from your footwear or
                                     replace them immediately after
                                     stepping out of the electrolyzer.
                                    h. If an electrolyzer is
                                     disassembled for overhaul
                                     maintenance or for any other
                                     reason, chemically clean the bed
                                     plate or thoroughly flush it with
                                     an aqueous liquid.
                                    i. Before transporting each
                                     electrolyzer part to another work
                                     area, remove all visible mercury
                                     from the part or contain the part
                                     to prevent mercury from dripping
                                     during transport.
                                    j. After completing maintenance on
                                     an electrolyzer, check any mercury
                                     piping flanges that were opened for
                                     liquid mercury leaks.
                                    k. If a liquid mercury spill occurs
                                     during any maintenance activity on
                                     an electrolyzer, clean it up in
                                     accordance with the requirements in
                                     Table 3 to this subpart.
3. Vessels in liquid mercury        If you replace a vessel containing
 service.                            mercury that is intended to trap
                                     and collect mercury after December
                                     19, 2003, replace it with a vessel
                                     that has a cone shaped bottom with
                                     a drain valve or other design that
                                     readily facilitates mercury
                                     collection.
4. Piping and process lines in      a. To prevent mercury buildup after
 liquid mercury service.             December 19, 2003, equip each new
                                     process line and piping system with
                                     smooth interiors and adequate low
                                     point drains or mercury knock-out
                                     pots to avoid liquid mercury
                                     buildup within the pipe and to
                                     facilitate mercury collection and
                                     recovery.
5. Cell room floors...............  a. Maintain a coating on cell room
                                     floors that is resistant to
                                     absorption of mercury and that
                                     facilitates the detection of liquid
                                     mercury spills or accumulations.
                                    b. Maintain cell room floors such
                                     that they are smooth and free of
                                     cracking and spalling.
                                    c. Maintain the cell room floor to
                                     prevent mercury accumulation in the
                                     corners.
                                    d. Maintain a layer of aqueous
                                     liquid on liquid mercury contained
                                     in trenches or drains and replenish
                                     the aqueous layer at least once per
                                     day.
                                    e. Keep the cell room floor clean
                                     and free of debris.
                                    f. If you step into a liquid mercury
                                     spill or accumulation, either
                                     remove all visible mercury from
                                     your footwear or replace your
                                     footwear immediately.
6. End boxes......................  a. Either equip each end box with a
                                     fixed cover that is leak tight, or
                                     route the end box head space to an
                                     end box ventilation system.
                                    b. For each end box ventilation
                                     system: maintain a flow of aqueous
                                     liquid over the liquid mercury in
                                     the end box and maintain the
                                     temperature of the aqueous liquid
                                     below its boiling point, maintain a
                                     negative pressure in the end box
                                     ventilation system, and maintain
                                     the end box ventilation system in
                                     good condition.

[[Page 431]]

 
                                    c. Maintain each end box cover in
                                     good condition and keep the end box
                                     closed when the cell is in service
                                     and when liquid mercury is flowing
                                     down the cell, except when
                                     operation or maintenance activities
                                     require short-term access.
                                    d. Keep all bolts and C-clamps used
                                     to hold the covers in place when
                                     the cell is in service and when
                                     liquid mercury is flowing down the
                                     cell.
                                    e. Maintain each access port stopper
                                     in an end box cover in good sealing
                                     condition and keep each end box
                                     access port closed when the cell is
                                     in service and when liquid mercury
                                     is flowing down the cell.
7. Decomposers....................  a. Maintain each decomposer cover in
                                     good condition and keep each
                                     decomposer closed and sealed,
                                     except when maintenance activities
                                     require the cover to be removed.
                                    b. Maintain connections between the
                                     decomposer and the corresponding
                                     cell components, hydrogen system
                                     piping, and caustic system piping
                                     in good condition and keep the
                                     connections closed/tight, except
                                     when maintenance activities require
                                     opening/loosening these
                                     connections.
                                    c. Keep each mercury cell amalgam
                                     seal pot closed and sealed, except
                                     when operation or maintenance
                                     activities require short-term
                                     access.
                                    d. Prior to opening a decomposer, do
                                     the following: fill the decomposer
                                     with an aqueous liquid or drain the
                                     decomposer liquid mercury into a
                                     container that meets requirements
                                     in Table 1, Item 9 or 10, allow the
                                     decomposer to cool before opening,
                                     and complete work that can be done
                                     before opening the decomposer.
                                    e. Take precautions to avoid mercury
                                     spills when changing graphite grids
                                     or balls in horizontal decomposers
                                     or graphite packing in vertical
                                     decomposers. If a spill occurs, you
                                     must clean it up in accordance with
                                     the requirements in Table 3 to this
                                     subpart.
                                    f. After each maintenance activity,
                                     use an appropriate technique (Table
                                     6 to this subpart) to check for
                                     hydrogen leaks.
                                    g. Before transporting any internal
                                     part from the decomposer (such as
                                     the graphite basket) to another
                                     work area, remove all visible
                                     mercury from the part or contain
                                     the part to prevent mercury from
                                     dripping during transport.
                                    h. Store carbon from decomposers in
                                     accordance with the requirements in
                                     40 CFR part 265, subparts I and CC,
                                     until the carbon is treated or is
                                     disposed.
8. Submerged mercury pumps........  a. Provide a vapor outlet connection
                                     from each submerged pump to an end
                                     box ventilation system. The
                                     connection must be maintained under
                                     negative pressure.
                                    b. Keep each mercury pump tank
                                     closed, except when maintenance or
                                     operation activities require the
                                     cover to be removed.
                                    c. Maintain a flow of aqueous liquid
                                     over the liquid mercury in each
                                     mercury pump tank and maintain the
                                     aqueous liquid at a temperature
                                     below its boiling point.
9. Open-top containers holding      Maintain a layer of aqueous liquid
 liquid mercury.                     over liquid mercury in each open-
                                     top container. Replenish the
                                     aqueous layer at least once per day
                                     and, when necessitated by operating
                                     procedures or observation, collect
                                     the liquid mercury from the
                                     container in accordance with the
                                     requirements in Table 4 to this
                                     subpart.
10. Closed containers used to       a. Store liquid mercury in
 store liquid mercury.               containers with tight fitting
                                     covers.
                                    b. Maintain the seals on the covers
                                     in good condition.
                                    c. Keep each container securely
                                     closed when mercury is not being
                                     added to, or removed from, the
                                     container.
11. Caustic systems...............  a. Maintain the seal between each
                                     caustic basket cover and caustic
                                     basket by using gaskets and other
                                     appropriate material.
                                    b. Do not allow solids and liquids
                                     collected from back-flushing
                                     primary caustic filters to contact
                                     floors or run into open trenches.
                                    c. Collect solids and liquids from
                                     back-flushing each primary caustic
                                     filter and collect these mercury-
                                     containing wastes in process
                                     vessels or in accordance with the
                                     requirements in 40 CFR part 265,
                                     subparts I and CC.
                                    d. Keep each caustic basket closed
                                     and sealed, except when operation
                                     or maintenance activities require
                                     short term access.
12. Hydrogen systems..............  a. Collect drips from each hydrogen
                                     seal pot and compressor seal in
                                     containers meeting the requirements
                                     in this table for open containers.
                                     These drips should not be allowed
                                     to run on the floor or in open
                                     trenches.
                                    b. Minimize purging of hydrogen from
                                     a decomposer into the cell room by
                                     either sweeping the decomposer with
                                     an inert gas or by routing the
                                     hydrogen to the hydrogen system.
                                    c. Maintain hydrogen piping gaskets
                                     in good condition.
                                    d. After any maintenance activities,
                                     use an appropriate technique (Table
                                     6 to this subpart) to check all
                                     hydrogen piping flanges that were
                                     opened for hydrogen leaks.
------------------------------------------------------------------------



   Sec. Table 2 to Subpart IIIII of Part 63--Work Practice Standards--
                          Required Inspections

    As stated in Sec.  63.8192, you must meet the work practice 
standards in the following table:

----------------------------------------------------------------------------------------------------------------
                                      At least once each . . .
       You must inspect . . .                                    And if you find . . .        You must . . .
----------------------------------------------------------------------------------------------------------------
1. Each vent hose on each mercury     Half day................  A leaking vent hose....  Take action immediately
 cell.                                                                                    to correct the leak.

[[Page 432]]

 
2. Each open-top container holding    Half day................  Liquid mercury that is   Take action immediately
 liquid mercury.                                                 not covered by an        to cover the liquid
                                                                 aqueous liquid.          mercury with an
                                                                                          aqueous liquid.
3. Each end box.....................  Half day................  a. An end box cover not  Take action immediately
                                                                 securely in place.       to put the end box
                                                                                          cover securely in
                                                                                          place.
                                                                b. An end box stopper    Take action immediately
                                                                 not securely in place.   to put the end box
                                                                                          stopper securely in
                                                                                          place.
                                                                c. Liquid mercury in an  Take action immediately
                                                                 end box that is not      to cover the liquid
                                                                 covered by an aqueous    mercury with an
                                                                 liquid at a              aqueous liquid.
                                                                 temperature below
                                                                 boiling.
4. Each mercury amalgam seal pot....  Half day................  A seal pot cover that    Take action immediately
                                                                 is not securely in       to put the seal pot
                                                                 place.                   cover securely in
                                                                                          place.
5. Each mercury seal pot............  Half day................  A mercury seal pot       Take action immediately
                                                                 stopper not securely     to put the mercury
                                                                 in place.                seal pot stopper
                                                                                          securely in place.
6. Cell room floors.................  Month...................  Cracks, spalling, or     Repair the crack,
                                                                 other deficiencies       spalling, or other
                                                                 that could cause         deficiency within 1
                                                                 liquid mercury to        month from the time
                                                                 become trapped.          you identify the
                                                                                          deficiency.
7. Pillars and beams................  6 months................  Cracks, spalling, or     Repair the crack,
                                                                 other deficiencies       spalling, or other
                                                                 that could cause         deficiency within 1
                                                                 liquid mercury to        month from the time
                                                                 become trapped.          you identify the
                                                                                          deficiency.
8. Each caustic basket..............  Half day................  A caustic basket cover   Take action immediately
                                                                 that is not securely     to put the caustic
                                                                 in place.                basket cover securely
                                                                                          in place.
9. All equipment and piping in the    Day.....................  Equipment that is        Initiate repair of the
 caustic system.                                                 leaking caustic.         leaking equipment
                                                                                          within 72 hours from
                                                                                          the time that you
                                                                                          identify the caustic
                                                                                          leak.
10. All floors and other surfaces     Half day................  A liquid mercury spill   Take the required
 where liquid mercury could                                      or accumulation.         action specified in
 accumulate in cell rooms and other                                                       Table 3 to this
 production facilities and in                                                             subpart.
 mercury recovery facilities.
11. Each electrolyzer bottom,         Day.....................  Equipment that is        Take the required
 electrolyzer side panel, end box,                               leaking liquid mercury.  action specified in
 mercury amalgam seal pot,                                                                Table 3 to this
 decomposer, mercury pump, and                                                            subpart.
 hydrogen cooler, and all other
 vessels, piping, and equipment in
 liquid mercury service in the cell
 room.
12. Each decomposer and all hydrogen  Half day................  Equipment that is        Take the required
 piping up to the hydrogen header.                               leaking hydrogen and/    action specified in
                                                                 or mercury vapor.        Table 3 to this
                                                                                          subpart.
13. All equipment in the hydrogen     3 months................  Equipment that is        Take the required
 system from the start of the header                             leaking hydrogen and/    action specified in
 to the last control device.                                     or mercury vapor.        Table 3 to this
                                                                                          subpart.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 3 to Subpart IIIII of Part 63--Work Practice Standards--
    Required Actions for Liquid Mercury Spills and Accumulations and 
                    Hydrogen and Mercury Vapor Leaks

    As stated in Sec.  63.8192, you must meet the work practice 
standards in the following table:

------------------------------------------------------------------------
During a required inspection or at
 any other time, If you find . . .             You must . . .
 
------------------------------------------------------------------------
1. A liquid mercury spill or        a. Initiate clean up of the liquid
 accumulation.                       mercury spill or accumulation as
                                     soon as possible, but no later than
                                     1 hour from the time you detect it.
                                    b. Clean up liquid mercury using a
                                     mercury vacuum cleaner or by using
                                     an alternative method. If you use
                                     an alternative method to clean up
                                     liquid mercury, you must submit a
                                     description of the method to the
                                     Administrator in your Notification
                                     of Compliance Status report.
                                    c. If you use a mercury vacuum
                                     cleaner, the vacuum cleaner must be
                                     designed to prevent generation of
                                     airborne mercury; you must cap the
                                     ends of hoses after each use; and
                                     after vacuuming, you must wash down
                                     the area.

[[Page 433]]

 
                                    d. Inspect all equipment in liquid
                                     mercury service in the surrounding
                                     area to identify the source of the
                                     liquid mercury within 1 hour from
                                     the time you detect the liquid
                                     mercury spill or accumulation.
                                    e. If you identify leaking equipment
                                     as the source of the spill or
                                     accumulation, contain the dripping
                                     mercury, stop the leak, and repair
                                     the leaking equipment as specified
                                     below.
                                    f. If you cannot identify the source
                                     of the liquid mercury spill or
                                     accumulation, re-inspect the area
                                     within 6 hours of the time you
                                     detected the liquid mercury spill
                                     or accumulation, or within 6 hours
                                     of the last inspection of the area.
2. Equipment that is leaking        a. Contain the liquid mercury
 liquid mercury.                     dripping from the leaking equipment
                                     by placing a container under the
                                     leak within 30 minutes from the
                                     time you identify the liquid
                                     mercury leak.
                                    b. The container must meet the
                                     requirement for open-top containers
                                     in Table 1 to this subpart.
                                    c. Make a first attempt at stopping
                                     the leak within 1 hour from the
                                     time you identify the liquid
                                     mercury leak.
                                    d. Stop the leak and repair the
                                     leaking equipment within 4 hours
                                     from the time you identify the
                                     liquid mercury leak.
                                    e. You can delay repair of equipment
                                     leaking liquid mercury if you
                                     either isolate the leaking
                                     equipment from the process so that
                                     it does not remain in mercury
                                     service; or determine that you
                                     cannot repair the leaking equipment
                                     without taking the cell off line,
                                     provided that you contain the
                                     dripping mercury at all times as
                                     described above, and take the cell
                                     off line as soon as practicable,
                                     but no later than 48 hours from the
                                     time you identify the leaking
                                     equipment. You cannot place the
                                     cell back into service until the
                                     leaking equipment is repaired.
3. A decomposer or hydrogen system  a. Make a first attempt at stopping
 piping up to the hydrogen header    the leak within 1 hour from the
 that is leaking hydrogen and/or     time you identify the hydrogen and/
 mercury vapor.                      or mercury vapor leak.
                                    b. Stop the leak and repair the
                                     leaking equipment within 4 hours
                                     from the time you identify the
                                     hydrogen and/or mercury vapor leak.
                                    c. You can delay repair of an
                                     equipment leaking hydrogen and/or
                                     mercury vapor if you isolate the
                                     leaking equipment or take the cell
                                     off line until you repair the
                                     leaking equipment.
4. Equipment in the hydrogen        a. Make a first attempt at stopping
 system, from the start of the       the leak within 4 hours from the
 hydrogen header to the last         time you identify the hydrogen and/
 control device, that is leaking     or mercury vapor leak.
 hydrogen and/or mercury vapor.
                                    b. Stop the leak and repair the
                                     header within 24 hours from the
                                     time you identify the hydrogen and/
                                     or mercury vapor leak.
                                    c. You can delay repair of equipment
                                     leaking hydrogen and/or mercury
                                     vapor if you isolate the leaking
                                     equipment.
------------------------------------------------------------------------



   Sec. Table 4 to Subpart IIIII of Part 63--Work Practice Standards--
               Requirements for Mercury Liquid Collection

    As stated in Sec.  63.8192, you must meet the work practice 
standards in the following table:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
You must collect liquid mercury    At the following        When collecting the mercury, you must meet these
 from . . .                            intervals                              requirements
----------------------------------------------------------------------------------------------------------------
1. Open-top containers..........  a. At least once    i. If you spill     ii. From the time   iii. Within 4
                                   each 72 hours.      liquid mercury      that you collect    hours from the
                                                       during collection   liquid mercury      time you collect
                                                       or transport, you   into a temporary    the liquid
                                                       must take the       container until     mercury, you must
                                                       action specified    the time that you   transfer it from
                                                       in Table 3 to       store the liquid    each temporary
                                                       this subpart for    mercury, you must   container to a
                                                       liquid mercury      keep it covered     storage container
                                                       spills and          by an aqueous       that meets the
                                                       accumulations.      liquid.             specifications in
                                                                                               Table 1 to this
                                                                                               subpart.

[[Page 434]]

 
2. Vessels, low point drains,     a. At least once    See 1.a.i through
 mercury knock-out pots, and       each week.          iii above.
 other closed mercury collection
 points.
3. All other equipment..........  a. Whenever         See 1.a.i. through
                                   maintenance         iii above.
                                   activities
                                   require the
                                   opening of the
                                   equipment.
----------------------------------------------------------------------------------------------------------------



  Sec. Table 5 to Subpart IIIII of Part 63--Required Elements of Floor-
     Level Mercury Vapor Measurement and Cell Room Monitoring Plans

    Your Floor-Level Mercury Vapor Measurement Plan required by Sec.  
63.8192(d) prior to the applicable compliance date specified in Sec.  
63.8186(a)(2) and Cell Room Monitoring Plan required by Sec.  63.8192(g) 
must contain the elements listed in the following table:

------------------------------------------------------------------------
 You must specify in your plan . .
                 .                         Additional requirements
------------------------------------------------------------------------
               Floor-Level Mercury Vapor Measurement Plan
------------------------------------------------------------------------
1. Locations in the cell room       The locations must be representative
 where you will measure the level    of the entire cell room floor area.
 of mercury vapor.                   At a minimum you must measure the
                                     level of mercury vapor above
                                     mercury-containing cell room
                                     equipment, as well as areas around
                                     the cells, decomposes, or other
                                     mercury-containing equipment.
2. Equipment or sampling and        If an instrument or other equipment
 analytical methods that you will    is used, the plan must include
 use to measure the level of         manufacturer specifications and
 mercury vapor.                      calibration procedures. The plan
                                     must also include a description of
                                     how you will ensure that the
                                     instrument will be calibrated and
                                     maintained according to
                                     manufacturer specifications.
3. Measurement frequency..........  Measurements must take place at
                                     least once each half day.
4. Number of measurements.........  At least three readings must be
                                     taken at each sample location and
                                     the average of these readings must
                                     be recorded.
5. A floor-level mercury            The action level may not be higher
 concentration action level.         than 0.05 mg/m\3\.
------------------------------------------------------------------------
                        Cell Room Monitoring Plan
------------------------------------------------------------------------
1. Details of your mercury
 monitoring system.
2. How representative sampling      Include some pre-plan measurements
 will be conducted.                  to demonstrate the profile of
                                     mercury concentration in the cell
                                     room and how the selected sampling
                                     locations ensure conducted
                                     representativeness.
3. Quality assurance/quality        Include a description of how you
 control procedures for your         will keep records or other means to
 mercury monitoring system.          demonstrate that the system is
                                     operating properly.
4. Your action level..............  Include the background data used to
                                     establish your level.
------------------------------------------------------------------------


[68 FR 70928, Dec. 19, 2003, as amended at 87 FR 27024, May 6, 2022]



  Sec. Table 6 to Subpart IIIII of Part 63--Examples of Techniques for 
   Equipment Problem Identification, Leak Detection and Mercury Vapor

    As stated in Tables 1 and 2 of Subpart IIIII, examples of techniques 
for equipment problem identification, leak detection and mercury vapor 
measurements can be found in the following table:

[[Page 435]]



------------------------------------------------------------------------
                                   You could use . .     Principle of
         To detect . . .                   .            detection . . .
------------------------------------------------------------------------
1. Leaking vent hoses; liquid     Visual inspections
 mercury that is not covered by
 an aqueous liquid in open-top
 containers or end boxes; end
 box covers or stoppers, amalgam
 seal pot stoppers, or caustic
 basket covers not securely in
 place; cracks or spalling in
 cell room floors, pillars, or
 beams; caustic leaks; liquid
 mercury accumulations or
 spills; and equipment that is
 leaking liquid mercury.
2. Equipment that is leaking      a. Auditory and
 hydrogen and/or mercury vapor     visual
 during inspections required by    inspections
 Table 2 to this subpart.
                                  b. Portable         A sample of gas is
                                   mercury vapor       drawn through a
                                   analyzer--ultravi   detection cell
                                   olet light          where ultraviolet
                                   absorption          light at 253.7
                                   detector.           nanometers (nm)
                                                       is directed
                                                       perpendicularly
                                                       through the
                                                       sample toward a
                                                       photodetector.
                                                       Elemental mercury
                                                       absorbs the
                                                       incident light in
                                                       proportion to its
                                                       concentration in
                                                       the air stream.
                                  c. Portable         A sample of gas is
                                   mercury vapor       drawn through a
                                   analyzer--gold      detection cell
                                   film amalgamation   containing a gold
                                   detector.           film detector.
                                                       Elemental mercury
                                                       amalgamates with
                                                       the gold film,
                                                       changing the
                                                       resistance of the
                                                       detector in
                                                       proportion to the
                                                       mercury
                                                       concentration in
                                                       the air sample.
                                  d. Portable short-  Ultraviolet light
                                   wave ultraviolet    is directed
                                   light,              toward a
                                   fluorescent         fluorescent
                                   background--visua   background
                                   l indication.       positioned behind
                                                       a suspected
                                                       source of mercury
                                                       emissions.
                                                       Elemental mercury
                                                       vapor absorbs the
                                                       ultraviolet
                                                       light, projecting
                                                       a dark shadow
                                                       image on the
                                                       fluorescent
                                                       background.
                                  e. Portable
                                   combustible gas
                                   meter.
3. Level of mercury vapor in the  a. Portable         See Item 2.b.
 cell room and other areas.        mercury vapor
                                   analyzer--ultravi
                                   olet light
                                   absorption
                                   detector.
                                  b. Portable         See Item 2.c.
                                   mercury vapor
                                   analyzer--gold
                                   film amalgamation
                                   detector.
                                  c. Permanganate     A known volume of
                                   impingement.        gas sample is
                                                       absorbed in
                                                       potassium
                                                       permanganate
                                                       solution.
                                                       Elemental mercury
                                                       in the solution
                                                       is determined
                                                       using a cold
                                                       vapor adsorption
                                                       analyzer, and the
                                                       concentration of
                                                       mercury in the
                                                       gas sample is
                                                       calculated.
------------------------------------------------------------------------



Sec. Table 7 to Subpart IIIII of Part 63--Required Elements of Washdown 
                                  Plans

    As stated in Sec.  63.8192, your written washdown plan must address 
the elements contained in the following table:

------------------------------------------------------------------------
                                              You must establish the
 For each of the following areas . . .    following as part of your plan
                                                      . . .
------------------------------------------------------------------------
1. Center aisles of cell rooms.........  A description of the manner of
                                          washdown of the area, and the
                                          washdown frequency for the
                                          area.
2. Electrolyzers
3. End boxes and areas under end boxes
4. Decomposers and areas under
 decomposers
5. Caustic baskets and areas around
 caustic baskets
6. Hydrogen system piping
7. Basement floor of cell rooms
8. Tanks
9. Pillars and beams in cell rooms
10. Mercury cell repair areas
11. Maintenance shop areas
12. Work tables
13. Mercury thermal recovery units
14. Storage areas for mercury-
 containing wastes
------------------------------------------------------------------------


[[Page 436]]



  Sec. Table 8 to Subpart IIIII of Part 63--Requirements for Cell Room 
                           Monitoring Program

    As stated in Sec.  63.8192(g)(1), your mercury monitoring system 
must meet the requirements contained in the following table:

------------------------------------------------------------------------
    If you utilize an . . .         Your . . .           Must . . .
------------------------------------------------------------------------
1. Extractive cold vapor        a. Mercury vapor   Be capable of
 spectroscopy system.            analyzer.          continuously
                                                    monitoring the
                                                    elemental mercury
                                                    concentration with a
                                                    detection level at
                                                    least two times
                                                    lower than the
                                                    baseline mercury
                                                    concentration in the
                                                    cell room.
                                b. Sampling        Obtain measurements
                                 system.            at three or more
                                                    locations along the
                                                    center aisle of the
                                                    cell room at a
                                                    height sufficient to
                                                    ensure that sample
                                                    is representative of
                                                    the entire cell
                                                    room. One sampling
                                                    location must be
                                                    above the midpoint
                                                    of the center aisle,
                                                    and the other two an
                                                    equidistance between
                                                    the midpoint and the
                                                    end of the cells.
2. Open path differential       a. Mercury vapor   Be capable of
 optical absorption              analyzer.          continuously
 spectroscopy system.                               monitoring the
                                                    elemental mercury
                                                    concentration with a
                                                    detection level at
                                                    least two times
                                                    lower than the
                                                    baseline mercury
                                                    concentration in the
                                                    cell room.
                                b. Path..........  Be directed along the
                                                    center aisle at a
                                                    height sufficient to
                                                    ensure that the
                                                    sample is
                                                    representative of
                                                    the entire cell
                                                    room.
------------------------------------------------------------------------



  Sec. Table 9 to Subpart IIIII of Part 63--Required Records for Work 
                           Practice Standards

    As stated in Sec.  63.8256(c), you must keep the records (related to 
the work practice standards) specified in the following table:

------------------------------------------------------------------------
                                          You must record the following
             For each . . .                     information . . .
------------------------------------------------------------------------
1. Inspection required by Table 2 to     Date and time the inspection
 this subpart.                            was conducted.
2. Situation found during an inspection  a. Description of the
 required by Table 2 to this subpart:     condition.
 leaking vent hose; open-top container   b. Location of the condition.
 where liquid mercury is not covered by  c. Date and time you identify
 an aqueous liquid; end box cover that    the condition.
 is not securely in place; end box       d. Description of the
 stopper that is not securely in place;   corrective action taken.
 end box where liquid mercury is not     e. Date and time you
 covered by an aqueous liquid at a        successfully complete the
 temperature below boiling; seal pot      corrective action.
 cover that is not securely in place;
 open or mercury seal pot stopper that
 is not securely in place; crack,
 spalling, or other deficiency in a
 cell room floor, pillar, or beam that
 could cause liquid mercury to become
 trapped; or caustic basket that is not
 securely in place.
3. Caustic leak during an inspection     a. Location of the leak.
 required by Table 2 to this subpart.    b. Date and time you identify
                                          the leak.
                                         c. Date and time you
                                          successfully stop the leak and
                                          repair the leaking equipment.
4. Liquid mercury spill or accumulation  a. Location of the liquid
 identified during an inspection          mercury spill or accumulation.
 required by Table 2 to this subpart or  b. Estimate of the weight of
 at any other time.                       liquid mercury.
                                         c. Date and time you detect the
                                          liquid mercury spill or
                                          accumulation.
                                         d. Method you use to clean up
                                          the liquid mercury spill or
                                          accumulation.
                                         e. Date and time when you clean
                                          up the liquid mercury spill or
                                          accumulation.
                                         f. Source of the liquid mercury
                                          spill or accumulation.
                                         g. If the source of the liquid
                                          mercury spill or accumulation
                                          is not identified, the time
                                          when you reinspect the area.
5. Liquid mercury leak or hydrogen leak  a. Location of the leak.
 identified during an inspection         b. Date and time you identify
 required by Table 2 to this subpart or   the leak.
 at any other time.                      c. If the leak is a liquid
                                          mercury leak, the date and
                                          time that you successfully
                                          contain the dripping liquid
                                          mercury.
                                         d. Date and time you first
                                          attempt to stop the leak.
                                         e. Date and time you
                                          successfully stop the leak and
                                          repair the leaking equipment.
                                         f. If you take a cell off line
                                          or isolate the leaking
                                          equipment, the date and time
                                          you take the cell off line or
                                          isolate the leaking equipment,
                                          and the date and time you put
                                          the cell or isolated equipment
                                          back into service.

[[Page 437]]

 
6. Occasion for which it is not          a. Reason for not being able to
 possible to perform the design,          perform each procedure
 operation and maintenance procedures     determined to be not possible.
 required by Item 2 of Table 1 to this   b. Actions taken to reduce or
 subpart.                                 prevent mercury emissions, in
                                          lieu of the requirements in
                                          Table 1 to this subpart.
------------------------------------------------------------------------



  Sec. Table 10 to Subpart IIIII of Part 63--Applicability of General 
                       Provisions to Subpart IIIII

    As stated in Sec.  63.8262, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   IIIII                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1..........................  Applicability..........  Yes....................
Sec.   63.2..........................  Definitions............  Yes....................
Sec.   63.3..........................  Units and Abbreviations  Yes....................
Sec.   63.4..........................  Prohibited Activities..  Yes....................
Sec.   63.5..........................  Construction/            Yes....................
                                        Reconstruction.
Sec.   63.6(a)-(g), (i), (j), except   Compliance with          Yes....................
 for (e)(1)(i) and (ii), (e)(3), and    Standards and
 (f)(1).                                Maintenance
                                        Requirements.
Sec.   63.6(e)(1)(i) and (ii),         SSM Requirements.......  Yes....................  Only applies until the
 (e)(3), and (f)(1).                                                                      date specified in Sec.
                                                                                            63.8186(a)(3).
Sec.   63.6(h).......................  Compliance with Opacity  No.....................  Subpart IIIII does not
                                        and Visible Emission                              have opacity and
                                        Standards.                                        visible emission
                                                                                          standards.
Sec.   63.7(a)-(h), except for (a)(2)  Performance Testing      Yes....................  Subpart IIIII specifies
 and (e)(1).                            Requirements.                                     additional
                                                                                          requirements related
                                                                                          to site-specific test
                                                                                          plans and the conduct
                                                                                          of performance tests.
Sec.   63.7(a)(2)....................  Applicability and        No.....................  Subpart IIIII requires
                                        Performance Test Dates.                           the performance test
                                                                                          to be performed on the
                                                                                          compliance date.
Sec.   63.7(e)(1)....................  Performance Test         No.....................  See Sec.   63.8232(a).
                                        Conditions.
Sec.   63.8(a)(1), (a)(3); (b);        Monitoring Requirements  Yes....................  Only applies for CEMS,
 (c)(1)(ii), (2)-(4), (6)-(8); (d)(1)-                                                    except Subpart IIIII
 (2); (e); and (f)(1)-(5).                                                                specifies how and when
                                                                                          the performance
                                                                                          evaluation results are
                                                                                          reported.
Sec.   63.8(a)(2)....................  Continuous Monitoring    No.....................  Subpart IIIII requires
                                        System (CMS)                                      a site-specific
                                        Requirements.                                     monitoring plan in
                                                                                          lieu of a promulgated
                                                                                          performance
                                                                                          specification for a
                                                                                          mercury concentration
                                                                                          CMS.
Sec.   63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart IIIII does not
                                        Requirements for                                  require flares.
                                        Control Devices in
                                        Sec.   63.11.
Sec.   63.8(c)(1)(i) and (iii).......  CMS Operation and SSM    Yes....................  Only applies until the
                                        Plan.                                             date specified in Sec.
                                                                                            63.8186(a)(3).
Sec.   63.8(c)(5)....................  COMS Minimum Procedures  No.....................  Subpart IIIII does not
                                                                                          have opacity and
                                                                                          visible emission
                                                                                          standards.
Sec.   63.8(d)(3)....................  Written Procedures for   No.....................  See Sec.
                                        CMS.                                              63.8242(a)(3)(v).
Sec.   63.8(f)(6)....................  Alternative to Relative  No.....................  Subpart IIIII does not
                                        Accuracy Test.                                    require CEMS.
Sec.   63.8(g).......................  Data Reduction.........  No.....................  Subpart IIIII specifies
                                                                                          mercury concentration
                                                                                          CMS data reduction
                                                                                          requirements.
Sec.   63.9(a)-(e), (g)-(j)..........  Notification             Yes....................
                                        Requirements.
Sec.   63.9(f).......................  Notification of VE/      No.....................  Subpart IIIII does not
                                        Opacity Test.                                     have opacity and
                                                                                          visible emission
                                                                                          standards.
Sec.   63.9(k).......................  Electronic reporting     Yes....................  Only as specified in
                                        procedures.                                       Sec.   63.9(j).
Sec.   63.10(a); (b)(1); (b)(2)(vi)-   Recordkeeping/Reporting  Yes....................
 (xii), (xiv); (b)(3); (c)(1)-(14);
 (d)(1), (4); (e); (f).
Sec.   63.10(b)(2)(i)-(v)............  Recordkeeping/Reporting  Yes....................  Only applies until the
                                        Associated with                                   date specified in Sec.
                                        Startup, Shutdown, and                              63.8186(a)(3).
                                        Malfunctions.

[[Page 438]]

 
Sec.   63.10(b)(2)(xiii).............  CMS Records for RATA     No.....................  Subpart IIIII does not
                                        Alternative.                                      require CEMS.
Sec.   63.10(c)(15)..................  Use of SSM Plan........  Yes....................  Only applies until the
                                                                                          date specified in Sec.
                                                                                            63.8186(a)(3).
Sec.   63.10(d)(2)...................  Performance Test         No.....................  This subpart at
                                        Results.                                          63.8232(g) specifies
                                                                                          how and when the
                                                                                          performance test
                                                                                          results are reported
                                                                                          electronically.
Sec.   63.10(d)(3)...................  Reporting Opacity or VE  No.....................  Subpart IIIII does not
                                        Observations.                                     have opacity and
                                                                                          visible emission
                                                                                          standards.
Sec.   63.10(d)(5)...................  Startup, Shutdown, and   No.....................
                                        Malfunction Reports.
Sec.   63.10(e)(2)(i)................  CEM Reporting..........  Yes....................  Except this subpart
                                                                                          specifies how and when
                                                                                          the performance
                                                                                          evaluation results are
                                                                                          reported.
Sec.   63.11.........................  Flares.................  No.....................  Subpart IIIII does not
                                                                                          require flares.
Sec.   63.12.........................  Delegation.............  Yes....................
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  Incorporation by         Yes....................
                                        Reference.
Sec.   63.15.........................  Availability of          Yes....................
                                        Information.
----------------------------------------------------------------------------------------------------------------


[87 FR 27024, May 6, 2022]



 Subpart JJJJJ_National Emission Standards for Hazardous Air Pollutants 
          for Brick and Structural Clay Products Manufacturing

    Source: 80 FR 65520, Oct. 26, 2015, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.8380  What is the purpose of this subpart?

    This subpart establishes national emission limitations for hazardous 
air pollutants (HAP) emitted from brick and structural clay products 
(BSCP) manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations.



Sec.  63.8385  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a BSCP 
manufacturing facility that is, is located at, or is part of, a major 
source of HAP emissions according to the criteria in paragraphs (a) and 
(b) of this section.
    (a) A BSCP manufacturing facility is a plant site that manufactures 
brick (including, but not limited to, face brick, structural brick, and 
brick pavers); clay pipe; roof tile; extruded floor and wall tile; and/
or other extruded, dimensional clay products. Brick and structural clay 
products manufacturing facilities typically process raw clay and shale, 
form the processed materials into bricks or shapes, and dry and fire the 
bricks or shapes. A plant site that manufactures refractory products, as 
defined in Sec.  63.9824, or clay ceramics, as defined in Sec.  63.8665, 
is not a BSCP manufacturing facility.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control that emits or has the potential to emit any single HAP at a rate 
of 9.07 megagrams (10 tons) or more per year or any combination of HAP 
at a rate of 22.68 megagrams (25 tons) or more per year.



Sec.  63.8390  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at a BSCP manufacturing facility.
    (b) For the purposes of this subpart, the affected sources are 
described in paragraphs (b)(1) and (2) of this section.
    (1) All tunnel kilns at a BSCP manufacturing facility are an 
affected source. For the remainder of this subpart, a tunnel kiln with a 
design capacity equal to or greater than 9.07 megagrams per hour (Mg/hr) 
(10 tons

[[Page 439]]

per hour (tph)) of fired product will be called a large tunnel kiln, and 
a tunnel kiln with a design capacity less than 9.07 Mg/hr (10 tph) of 
fired product will be called a small tunnel kiln.
    (2) Each periodic kiln is an affected source.
    (c) Process units not subject to the requirements of this subpart 
are listed in paragraphs (c)(1) through (4) of this section.
    (1) Kilns that are used exclusively for setting glazes on previously 
fired products are not subject to the requirements of this subpart.
    (2) Raw material processing and handling.
    (3) Dryers.
    (4) Sources covered by subparts KKKKK and SSSSS of this part.
    (d) A source is a new affected source if construction of the 
affected source began after December 18, 2014, and you met the 
applicability criteria at the time you began construction.
    (e) An affected source is reconstructed if you meet the criteria as 
defined in Sec.  63.2.
    (f) An affected source is existing if it is not new or 
reconstructed.



Sec.  63.8395  When do I have to comply with this subpart?

    (a) You must comply with this subpart no later than the compliance 
dates in Table 7 to this subpart.
    (b) You must meet the notification requirements in Sec.  63.8480 
according to the schedule in Sec.  63.8480 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

            Emission Limitations and Work Practice Standards



Sec.  63.8405  What emission limitations and work practice standards
must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.
    (c) You must meet each work practice standard in Table 3 to this 
subpart that applies to you.



Sec.  63.8410  What are my options for meeting the emission limitations
and work practice standards?

    (a) To meet the emission limitations in Tables 1 and 2 to this 
subpart, you must use one or more of the options listed in paragraphs 
(a)(1) and (2) of this section.
    (1) Emissions control system. Use an emissions capture and 
collection system and an air pollution control device (APCD) and 
demonstrate that the resulting emissions meet the emission limits in 
Table 1 to this subpart, and that the capture and collection system and 
APCD meet the applicable operating limits in Table 2 to this subpart.
    (2) Process changes. Use low-HAP raw materials or implement 
manufacturing process changes and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 to 
this subpart.
    (b) To meet the work practice standards for affected periodic kilns, 
you must comply with the requirements listed in Table 3 to this subpart.
    (c) To meet the work practice standards for dioxins/furans for 
affected tunnel kilns, you must comply with the requirements listed in 
Table 3 to this subpart.
    (d) To meet the work practice standards for affected tunnel kilns 
during periods of startup and shutdown, you must comply with the 
requirements listed in Table 3 to this subpart.

                     General Compliance Requirements



Sec.  63.8420  What are my general requirements for complying with 
this subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) in this subpart at all times, except during 
periods that you are approved for and in compliance with the alternative 
standard for routine control device maintenance as specified in 
paragraph (d) of this section, and except during periods of start-up and 
shutdown, at which time you must comply with the applicable work 
practice standard specified in Table 3 to this subpart.
    (b) At all times, you must operate and maintain any affected source, 
including associated air pollution control

[[Page 440]]

equipment and monitoring equipment, in a manner consistent with safety 
and good air pollution control practices for minimizing emissions. The 
general duty to minimize emissions does not require you to make any 
further efforts to reduce emissions if levels required by 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. During the period between the compliance 
date specified for your affected source in Sec.  63.8395 and the date 
upon which continuous monitoring systems (CMS) (e.g., continuous 
parameter monitoring systems) have been installed and verified and any 
applicable operating limits have been set, you must maintain a log 
detailing the operation and maintenance of the process and emissions 
control equipment.
    (c) For each affected kiln that is subject to the emission limits 
specified in Table 1 to this subpart, you must prepare and implement a 
written operation, maintenance, and monitoring (OM&M) plan according to 
the requirements in Sec.  63.8425.
    (d) If you own or operate an affected kiln that is subject to the 
emission limits specified in Table 1 to this subpart and must perform 
routine maintenance on the control device for that kiln, you may bypass 
the kiln control device and continue operating the kiln subject to the 
alternative standard established in this paragraph upon approval by the 
Administrator and provided you satisfy the conditions listed in 
paragraphs (d)(1) through (5) of this section.
    (1) You must request to use the routine control device maintenance 
alternative standard from the Administrator no later than 120 calendar 
days before the compliance date specified in Sec.  63.8395. Your request 
must justify the need for the routine maintenance on the control device 
and the time required to accomplish the maintenance activities, describe 
the maintenance activities and the frequency of the maintenance 
activities, explain why the maintenance cannot be accomplished during 
kiln shutdowns, provide information stating whether the continued 
operation of the affected source will result in fewer emissions than 
shutting the source down while the maintenance is performed, describe 
how you plan to comply with paragraph (b) of this section during the 
maintenance, and provide any other documentation required by the 
Administrator.
    (2) The routine control device maintenance must not exceed 4 percent 
of the annual operating uptime for each kiln.
    (3) The request for the routine control device maintenance 
alternative standard, if approved by the Administrator, must be 
incorporated by reference in and attached to the affected source's title 
V permit.
    (4) You must minimize HAP emissions during the period when the kiln 
is operating and the control device is offline by complying with the 
applicable standard in Table 3 to this subpart.
    (5) You must minimize the time period during which the kiln is 
operating and the control device is offline.
    (e) You must be in compliance with the work practice standards in 
this subpart at all times.
    (f) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 10 to this subpart.



Sec.  63.8425  What do I need to know about operation, maintenance, and
monitoring plans?

    (a) For each affected kiln that is subject to the emission limits 
specified in Table 1 to this subpart, you must prepare, implement, and 
revise as necessary an OM&M plan that includes the information in 
paragraph (b) of this section. Your OM&M plan must be available for 
inspection by the delegated authority upon request.
    (b) Your OM&M plan must include, as a minimum, the information in 
paragraphs (b)(1) through (13) of this section.

[[Page 441]]

    (1) Each process and APCD to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (3) The limits for each parameter that represent continuous 
compliance with the emission limitations in Sec.  63.8405. The limits 
must be based on values of the monitored parameters recorded during 
performance tests.
    (4) Procedures for the proper operation and routine and long-term 
maintenance of each APCD, including a maintenance and inspection 
schedule that is consistent with the manufacturer's recommendations.
    (5) Procedures for installing 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 APCD).
    (6) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (7) Continuous monitoring system performance evaluation procedures 
and acceptance criteria (e.g., calibrations).
    (8) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec. Sec.  
63.8450 and 63.8(c)(1), (3), (7), and (8).
    (9) Continuous monitoring system data quality assurance procedures 
consistent with the requirements in Sec.  63.8(d)(1) and (2). The owner 
or operator shall keep these written procedures on record for the life 
of the affected source or until the affected source is no longer subject 
to the provisions of this part, to be made available for inspection, 
upon request, by the Administrator. If the performance evaluation plan 
in Sec.  63.8(d)(2) is revised, the owner or operator shall keep 
previous (i.e., superseded) versions of the performance evaluation plan 
on record to be made available for inspection, upon request, by the 
Administrator, for a period of 5 years after each revision to the plan. 
The program of corrective action should be included in the plan required 
under Sec.  63.8(d)(2).
    (10) Continuous monitoring system recordkeeping and reporting 
procedures consistent with the requirements in Sec. Sec.  63.8485 and 
63.8490.
    (11) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (b)(11)(i) through (iii) of this 
section.
    (i) Procedures for determining the cause of the operating parameter 
deviation.
    (ii) Actions necessary for correcting the deviation and returning 
the operating parameters to the allowable limits.
    (iii) Procedures for recording the times that the deviation began 
and ended and corrective actions were initiated and completed.
    (12) Procedures for keeping records to document compliance.
    (13) If you operate an affected kiln and you plan to take the kiln 
control device out of service for routine maintenance, as specified in 
Sec.  63.8420(d), the procedures specified in paragraphs (b)(13)(i) and 
(ii) of this section.
    (i) Procedures for minimizing HAP emissions from the kiln during 
periods of routine maintenance of the kiln control device when the kiln 
is operating and the control device is offline.
    (ii) Procedures for minimizing the duration of any period of routine 
maintenance on the kiln control device when the kiln is operating and 
the control device is offline.
    (c) Changes to the operating limits in your OM&M plan require a new 
performance test. If you are revising an operating limit parameter 
value, you must meet the requirements in paragraphs (c)(1) and (2) of 
this section.
    (1) Submit a notification of performance test to the Administrator 
as specified in Sec.  63.7(b).
    (2) After completing the performance tests to demonstrate that 
compliance with the emission limits can be achieved at the revised 
operating limit parameter value, you must submit the performance test 
results and the revised operating limits as part of the Notification of 
Compliance Status required under Sec.  63.9(h).
    (d) If you are revising the inspection and maintenance procedures in 
your

[[Page 442]]

OM&M plan, you do not need to conduct a new performance test.

               Testing and Initial Compliance Requirements



Sec.  63.8435  By what date must I conduct performance tests?

    For each affected kiln that is subject to the emission limits 
specified in Table 1 to this subpart, you must conduct performance tests 
within 180 calendar days after the compliance date that is specified for 
your source in Sec.  63.8395 and according to the provisions in Sec.  
63.7(a)(2).



Sec.  63.8440  When must I conduct subsequent performance tests?

    (a) For each affected kiln that is subject to the emission limits 
specified in Table 1 to this subpart, you must conduct a performance 
test before renewing your 40 CFR part 70 operating permit or at least 
every 5 years following the initial performance test.
    (b) You must conduct a performance test when you want to change the 
parameter value for any operating limit specified in your OM&M plan.



Sec.  63.8445  How do I conduct performance tests and establish operating
limits?

    (a) You must conduct each performance test in Table 4 to this 
subpart that applies to you.
    (b) Before conducting the performance test, you must install and 
calibrate all monitoring equipment.
    (c) Each performance test must be conducted according to the 
requirements in Sec.  63.7 and under the specific conditions in Table 4 
to this subpart.
    (d) Performance tests shall be conducted under such conditions as 
the Administrator specifies to you based on representative performance 
of the affected source for the period being tested. Representative 
conditions exclude periods of startup and shutdown. You may not conduct 
performance tests during periods of malfunction. You 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, you shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (e) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec.  
63.7(e)(3). Each test run must last at least 1 hour.
    (f) You must use the data gathered during the performance test and 
the equations in paragraphs (f)(1) and (2) of this section to determine 
compliance with the emission limitations.
    (1) To determine compliance with the production-based particulate 
matter (PM) and mercury (Hg) emission limits in Table 1 to this subpart, 
you must calculate your mass emissions per unit of production for each 
test run using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR26OC15.014

Where:

MP = mass per unit of production, kilograms (pounds) of pollutant per 
          megagram (ton) of fired product
ER = mass emission rate of pollutant (PM or Hg) during each performance 
          test run, kilograms (pounds) per hour
P = production rate during each performance test run, megagrams (tons) 
          of fired product per hour.

    (2) To determine compliance with the health-based standard for acid 
gas HAP for BSCP manufacturing facilities in Table 1 to this subpart, 
you must:
    (i) Calculate the HCl-equivalent emissions for HF, HCl, and 
Cl2 for each tunnel kiln at your facility using Equation 2:

[[Page 443]]

[GRAPHIC] [TIFF OMITTED] TR26OC15.015

Where:

Ei = HCl-equivalent emissions for kiln i, kilograms (pounds) 
          per hour
EHCl = emissions of HCl, kilograms (pounds) per hour
EHF = emissions of HF, kilograms (pounds) per hour
ECl2 = emissions of Cl2, kilograms (pounds) per 
          hour
RfCHCl = reference concentration for HCl, 20 micrograms per 
          cubic meter
RfCHF = reference concentration for HF, 14 micrograms per 
          cubic meter
RfCCl2 = reference concentration for Cl2, 0.15 
          micrograms per cubic meter

    (ii) If you have multiple tunnel kilns at your facility, sum the 
HCl-equivalent values for all tunnel kilns at the facility using 
Equation 3:
[GRAPHIC] [TIFF OMITTED] TR26OC15.016

Where:

Etotal = HCl-equivalent emissions for total of all kilns at 
          facility, kilograms (pounds) per hour
Ei = HCl-equivalent emissions for kiln i, kilograms (pounds) 
          per hour
n = number of tunnel kilns at facility

    (iii) Compare this value to the health-based standard in Table 1 to 
this subpart.
    (g) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you as specified in paragraph (g)(1) of 
this section and in Table 4 to this subpart.
    (1)(i) If you do not have an APCD installed on your kiln, calculate 
the maximum potential HCl-equivalent emissions for HF, HCl, and 
Cl2 for each tunnel kiln at your facility using Equation 4:
[GRAPHIC] [TIFF OMITTED] TR26OC15.017

Where:

Emax i = maximum potential HCl-equivalent emissions for kiln 
          i, kilograms (pounds) per hour
Capi = design capacity for kiln i, megagrams (tons) of fired 
          product per hour
MPiHCl = mass of HCl per unit of production for kiln i, 
          kilograms (pounds) of HCl per megagram (ton) of fired product
MPiHF = mass of HF per unit of production for kiln i, 
          kilograms (pounds) of HF per megagram (ton) of fired product
MPiCl2 = mass of Cl2 per unit of production for 
          kiln i, kilograms (pounds) of Cl2 per megagram 
          (ton) of fired product
RfCHCl = reference concentration for HCl, 20 micrograms per 
          cubic meter
RfCHF = reference concentration for HF, 14 micrograms per 
          cubic meter
RfCCl2 = reference concentration for Cl2, 0.15 
          micrograms per cubic meter

    (ii) If you have multiple tunnel kilns at your facility, sum the 
maximum potential HCl-equivalent values for all tunnel kilns at the 
facility using Equation 5:

[[Page 444]]

[GRAPHIC] [TIFF OMITTED] TR26OC15.018

Where:

Emax total = maximum potential HCl-equivalent emissions for 
          total of all kilns at facility, kilograms (pounds) per hour
Emax i = maximum potential HCl-equivalent emissions for kiln 
          i, kilograms (pounds) per hour
n = number of tunnel kilns at facility

    (iii) If you have a single tunnel kiln at your facility and the 
total facility maximum potential HCl-equivalent emissions 
(Emax total) are greater than the HCl-equivalent limit in 
Table 1 to this subpart, determine the maximum process rate for the 
tunnel kiln using Equation 6 that would ensure the total facility 
maximum potential HCl-equivalent emissions remain at or below the HCl-
equivalent limit. The maximum process rate would become your operating 
limit for process rate and must be included in your OM&M plan.
[GRAPHIC] [TIFF OMITTED] TR26OC15.019

Where:

Pmax i = maximum process rate for kiln i, megagrams (tons) 
          per hour
HCl-eq = HCl-equivalent limit in Table 1 to this subpart, 26 kilograms 
          (57 pounds) per hour
MPiHCl = mass of HCl per unit of production for kiln i, 
          kilograms (pounds) of HCl per megagram (ton) of fired product
MPiHF = mass of HF per unit of production for kiln i, 
          kilograms (pounds) of HF per megagram (ton) of fired product
MPiCl2 = mass of Cl2 per unit of production for 
          kiln i, kilograms (pounds) of Cl2 per megagram 
          (ton) of fired product
RfCHCl = reference concentration for HCl, 20 micrograms per 
          cubic meter
RfCHF = reference concentration for HF, 14 micrograms per 
          cubic meter
RfCCl2 = reference concentration for Cl2, 0.15 
          micrograms per cubic meter

    (iv) If you have multiple tunnel kilns at your facility and the 
total facility maximum potential HCl-equivalent emissions 
(Emax total) are greater than the HCl-equivalent limit in 
Table 1 to this subpart, determine the combination of maximum process 
rates that would ensure that total facility maximum potential HCl-
equivalent remains at or below the HCl-equivalent limit. The maximum 
process rates would become your operating limits for process rate and 
must be included in your OM&M plan.
    (2) [Reserved]
    (h) For each affected kiln that is subject to the emission limits 
specified in Table 1 to this subpart and is equipped with an APCD that 
is not addressed in Table 2 to this subpart or that is using process 
changes as a means of meeting the emission limits in Table 1 to this 
subpart, you must meet the requirements in Sec.  63.8(f) and paragraphs 
(h)(1) and (2) of this section.
    (1) Submit a request for approval of alternative monitoring 
procedures to the Administrator no later than the notification of intent 
to conduct a performance test. The request must contain the information 
specified in paragraphs (h)(1)(i) through (iv) of this section.
    (i) A description of the alternative APCD or process changes.
    (ii) The type of monitoring device or procedure that will be used.
    (iii) The operating parameters that will be monitored.
    (iv) The frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.

[[Page 445]]

    (2) Establish site-specific operating limits during the performance 
test based on the information included in the approved alternative 
monitoring procedures request and, as applicable, as specified in Table 
4 to this subpart.



Sec.  63.8450  What are my monitoring installation, operation, and 
maintenance requirements?

    (a) You must install, operate, and maintain each CMS according to 
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of 
this section.
    (1) Conduct a performance evaluation of each CMS according to your 
OM&M plan.
    (2) The CMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. To have a valid hour of data, you must 
have at least three of four equally spaced data values (or at least 75 
percent if you collect more than four data values per hour) for that 
hour (not including startup, shutdown, malfunction, out-of-control 
periods, or periods of routine control device maintenance covered by the 
routine control device maintenance alternative standard as specified in 
Sec.  63.8420(d)).
    (3) Determine and record the 3-hour block averages of all recorded 
readings, calculated after every 3 hours of operation as the average of 
the previous 3 operating hours. To calculate the average for each 3-hour 
average period, you must have at least 75 percent of the recorded 
readings for that period (not including startup, shutdown, malfunction, 
out-of-control periods, or periods of routine control device maintenance 
covered by the routine control device maintenance alternative standard 
as specified in Sec.  63.8420(d)).
    (4) Record the results of each inspection, calibration, and 
validation check.
    (5) At all times, maintain the monitoring equipment including, but 
not limited to, maintaining necessary parts for routine repairs of the 
monitoring equipment.
    (b) For each liquid flow measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (b)(1) 
through (3) of this section.
    (1) Locate the flow sensor in a position that provides a 
representative flowrate.
    (2) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the liquid flowrate.
    (3) At least semiannually, conduct a flow sensor calibration check.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1) 
through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (4) Check the pressure tap daily to ensure that it is not plugged.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Any time the sensor exceeds the manufacturer's specified maximum 
operating pressure range, conduct calibration checks or install a new 
pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each pH measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of 
this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration at one point daily.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (e) For each bag leak detection system, you must meet the 
requirements in paragraphs (e)(1) through (11) of this section.

[[Page 446]]

    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated, and maintained according to EPA-454/R-98-015, 
``Fabric Filter Bag Leak Detection Guidance,'' (incorporated by 
reference, see Sec.  63.14). Other types of bag leak detection systems 
must be installed, operated, calibrated, and maintained in a manner 
consistent with the manufacturer's written specifications and 
recommendations.
    (2) 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.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system must be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard by plant operating personnel.
    (6) For positive pressure fabric filter systems, a bag leak detector 
must be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the EPA-454/
R-98-015, ``Fabric Filter Bag Leak Detection Guidance,'' (incorporated 
by reference, see Sec.  63.14).
    (10) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted except as detailed in your OM&M plan. In no case may the 
sensitivity be increased by more than 100 percent or decreased more than 
50 percent over a 365-day period unless such adjustment follows a 
complete fabric filter inspection that demonstrates that the fabric 
filter is in good operating condition, as defined in section 5.2 of the 
``Fabric Filter Bag Leak Detection Guidance,'' (incorporated by 
reference, see Sec.  63.14). Record each adjustment.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (f) For each lime, chemical, or carbon feed rate measurement device, 
you must meet the requirements in paragraphs (a)(1) through (5) and 
paragraphs (f)(1) and (2) of this section.
    (1) Locate the measurement device in a position that provides a 
representative feed rate measurement.
    (2) At least semiannually, conduct a calibration check.
    (g) For each limestone feed system on a dry limestone adsorber 
(DLA), you must meet the requirements in paragraphs (a)(1), (4), and (5) 
of this section and must ensure on a monthly basis that the feed system 
replaces limestone at least as frequently as the schedule set during the 
performance test.
    (h) For each temperature measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (h)(1) 
through (3) of this section.
    (1) Locate the measurement device in a position that provides a 
representative temperature.
    (2) Use a measurement device with a minimum sensitivity of 1 percent 
of the temperature being measured.
    (3) At least semiannually, conduct a calibration check.
    (i) Requests for approval of alternate monitoring procedures must 
meet the requirements in Sec. Sec.  63.8445(h) and 63.8(f).



Sec.  63.8455  How do I demonstrate initial compliance with the emission
limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to you according to 
Table 5 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this

[[Page 447]]

subpart that applies to you according to the requirements in Sec.  
63.8445 and Table 4 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.8480(c).

                   Continuous Compliance Requirements



Sec.  63.8465  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for periods of monitor malfunctions, associated repairs, 
and required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance as specified in Sec.  63.8420(d) when the affected 
source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities for purposes of calculating data 
averages. You must use all the valid data collected during all other 
periods in assessing compliance. Any averaging period for which you do 
not have valid monitoring data and such data are required constitutes a 
deviation from the monitoring requirements.



Sec.  63.8470  How do I demonstrate continuous compliance with the emission
limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1, 2, and 3 
to this subpart that applies to you according to the methods specified 
in Table 6 to this subpart.
    (b) For each affected kiln that is subject to the emission limits 
specified in Table 1 to this subpart and is equipped with an APCD that 
is not addressed in Table 2 to this subpart, or that is using process 
changes as a means of meeting the emission limits in Table 1 to this 
subpart, you must demonstrate continuous compliance with each emission 
limit in Table 1 to this subpart, and each operating limit established 
as required in Sec.  63.8445(h)(2) according to the methods specified in 
your approved alternative monitoring procedures request, as described in 
Sec. Sec.  63.8445(h)(1) and 63.8(f).
    (c) You must report each instance in which you did not meet each 
emission limit and each operating limit in this subpart that applies to 
you. These instances are deviations from the emission limitations in 
this subpart. These deviations must be reported according to the 
requirements in Sec.  63.8485(c)(9).
    (d) [Reserved]
    (e)(1) VE testing. You must demonstrate continuous compliance with 
the operating limits in Table 2 to this subpart for visible emissions 
(VE) from tunnel kilns that are uncontrolled or equipped with DLA, dry 
lime injection fabric filter (DIFF), dry lime scrubber/fabric filter 
(DLS/FF), or other dry control device by monitoring VE at each kiln 
stack according to the requirements in paragraphs (e)(1)(i) through (v) 
of this section.
    (i) Perform daily VE observations of each kiln stack according to 
the procedures of Method 22 of 40 CFR part 60, appendix A-7. You must 
conduct the Method 22 test while the affected source is operating under 
normal conditions. The duration of each Method 22 test must be at least 
15 minutes.
    (ii) If VE are observed during any daily test conducted using Method 
22 of 40 CFR part 60, appendix A-7, you must promptly conduct an opacity 
test, according to the procedures of Method 9 of 40 CFR part 60, 
appendix A-4. If opacity greater than 10 percent is observed, you must 
initiate and complete corrective actions according to your OM&M plan.
    (iii) You may decrease the frequency of Method 22 testing from daily 
to weekly for a kiln stack if one of the conditions in paragraph 
(e)(1)(iii)(A) or (B) of this section is met.
    (A) No VE are observed in 30 consecutive daily Method 22 tests for 
any kiln stack; or

[[Page 448]]

    (B) No opacity greater than 10 percent is observed during any of the 
Method 9 tests for any kiln stack.
    (iv) If VE are observed during any weekly test and opacity greater 
than 10 percent is observed in the subsequent Method 9 test, you must 
promptly initiate and complete corrective actions according to your OM&M 
plan, resume testing of that kiln stack following Method 22 of 40 CFR 
part 60, appendix A-7, on a daily basis, as described in paragraph 
(e)(1)(i) of this section, and maintain that schedule until one of the 
conditions in paragraph (e)(1)(iii)(A) or (B) of this section is met, at 
which time you may again decrease the frequency of Method 22 testing to 
a weekly basis.
    (v) If greater than 10 percent opacity is observed during any test 
conducted using Method 9 of 40 CFR part 60, appendix A-4, you must 
report these deviations by following the requirements in Sec.  63.8485.
    (2) Alternative to VE testing. In lieu of meeting the requirements 
under paragraph (e)(1) of this section, you may conduct a PM test at 
least once every year following the initial performance test, according 
to the procedures of Method 5 of 40 CFR part 60, appendix A-3, and the 
provisions of Sec.  63.8445(e) and (f)(1).

                   Notifications, Reports, and Records



Sec.  63.8480  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(f)(4), and 63.9(b) through (e), (g)(1), and (h) that apply 
to you, by the dates specified.
    (b) You must submit all of the notifications specified in Table 8 to 
this subpart that apply to you, by the dates specified.
    (c) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 4 and 5 to this 
subpart, your Notification of Compliance Status as specified in Table 8 
to this subpart must include the information in paragraphs (c)(1) 
through (3) of this section.
    (1) The requirements in Sec.  63.9(h)(2)(i).
    (2) The operating limit parameter values established for each 
affected source with supporting documentation and a description of the 
procedure used to establish the values.
    (3) For each APCD that includes a fabric filter, if a bag leak 
detection system is used, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems in Sec.  63.8450(e).



Sec.  63.8485  What reports must I submit and when?

    (a) You must submit each report in Table 9 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date in Table 9 to this subpart and as specified in paragraphs 
(b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.8395 and ending on either June 30 or December 31. The first reporting 
period must be at least 6 months, but less than 12 months. For example, 
if your compliance date is March 1, then the first semiannual reporting 
period would begin on March 1 and end on December 31.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31 for compliance periods ending on June 
30 and December 31, respectively.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31 for compliance periods 
ending on June 30 and December 31, respectively.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the

[[Page 449]]

first and subsequent compliance reports according to the dates the 
permitting authority has established instead of the dates in paragraphs 
(b)(1) through (4) of this section.
    (c) The compliance report must contain the information in paragraphs 
(c)(1) through (8) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) A description of control device maintenance performed while the 
control device was offline and the kiln controlled by the control device 
was operating, including the information specified in paragraphs 
(c)(4)(i) through (iii) of this section.
    (i) The date and time when the control device was shut down and 
restarted.
    (ii) Identification of the kiln that was operating and the number of 
hours that the kiln operated while the control device was offline.
    (iii) A statement of whether or not the control device maintenance 
was included in your approved routine control device maintenance request 
developed as specified in Sec.  63.8420(d). If the control device 
maintenance was included in your approved routine control device 
maintenance request, then you must report the information in paragraphs 
(c)(4)(iii)(A) through (C) of this section.
    (A) The total amount of time that the kiln controlled by the control 
device operated during the current semiannual compliance period and 
during the previous semiannual compliance period.
    (B) The amount of time that each kiln controlled by the control 
device operated while the control device was offline for maintenance 
covered under the routine control device maintenance alternative 
standard during the current semiannual compliance period and during the 
previous semiannual compliance period.
    (C) Based on the information recorded under paragraphs 
(c)(4)(iii)(A) and (B) of this section, compute the annual percent of 
kiln operating uptime during which the control device was offline for 
routine maintenance using Equation 7.
[GRAPHIC] [TIFF OMITTED] TR26OC15.020

Where:

RM = Annual percentage of kiln uptime during which control device was 
          offline for routine control device maintenance
DTp = Control device downtime claimed under the routine 
          control device maintenance alternative standard for the 
          previous semiannual compliance period
DTc = Control device downtime claimed under the routine 
          control device maintenance alternative standard for the 
          current semiannual compliance period
KUp = Kiln uptime for the previous semiannual compliance 
          period
KUc = Kiln uptime for the current semiannual compliance 
          period

    (5) A report of the most recent burner tune-up conducted to comply 
with the dioxin/furan work practice standard in Table 3 to this subpart.
    (6) If there are no deviations from any emission limitations 
(emission limits or operating limits) that apply to you, the compliance 
report must contain a statement that there were no deviations from the 
emission limitations during the reporting period.
    (7) If there were no periods during which the CMS was out-of-control 
as specified in your OM&M plan, the compliance report must contain a 
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
    (8) The first compliance report must contain the startup push rate 
for each

[[Page 450]]

kiln, the minimum APCD inlet temperature for each APCD, and the 
temperature profile for each kiln without an APCD.
    (9) For each deviation that occurs at an affected source, report 
such events in the compliance report by including the information in 
paragraphs (c)(9)(i) through (iii) of this section.
    (i) The date, time, and duration of the deviation.
    (ii) A list of the affected sources or equipment for which the 
deviation occurred.
    (iii) 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.
    (d) For each deviation from an emission limitation (emission limit 
or operating limit) occurring at an affected source where you are using 
a CMS to comply with the emission limitations in this subpart, you must 
include the information in paragraphs (c)(1) through (4) and (c)(9), and 
paragraphs (d)(1) through (11) of this section. This includes periods of 
startup, shutdown, and routine control device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out-of-control, 
including the pertinent information in your OM&M plan.
    (4) Whether each deviation occurred during routine control device 
maintenance covered in your approved routine control device maintenance 
alternative standard or during another period, and the cause of each 
deviation (including unknown cause, if applicable).
    (5) A description of any corrective action taken to return the 
affected unit to its normal or usual manner of operation.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that were due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (8) A brief description of the process units.
    (9) A brief description of the CMS.
    (10) The date of the latest CMS certification or audit.
    (11) A description of any changes in CMS, processes, or control 
equipment since the last reporting period.
    (e) If you have obtained a title V operating permit according to 40 
CFR part 70 or 40 CFR part 71, you must report all deviations as defined 
in this subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report according to Table 9 to this subpart along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all required information concerning deviations from any 
emission limitation (including any operating limit), then submitting the 
compliance report will satisfy any obligation to report the same 
deviations in the semiannual monitoring report. However, submitting a 
compliance report will not otherwise affect any obligation you may have 
to report deviations from permit requirements to the permitting 
authority.
    (f) Within 60 calendar days after the date of completing each 
performance test (as defined in Sec.  63.2) required by this subpart, 
you must submit the results of the performance test following the 
procedure specified in either paragraph (f)(1) or (f)(2) of this 
section.
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html) at the time of the test, 
you must submit the results of the performance test to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be 
accessed through the EPA's Central Data Exchange (CDX) (http://
cdx.epa.gov/).) Performance test data must be submitted

[[Page 451]]

in a file format generated through the use of the EPA's ERT or an 
alternate electronic file format consistent with the extensible markup 
language (XML) schema listed on the EPA's ERT Web site. If you claim 
that some of the performance test information being submitted is 
confidential business information (CBI), you must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described earlier in this paragraph.
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13.



Sec.  63.8490  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) Records of performance tests as required in Sec.  
63.10(b)(2)(viii).
    (3) Records relating to control device maintenance and documentation 
of your approved routine control device maintenance request, if you 
request to use the alternative standard under Sec.  63.8420(d).
    (b) You must keep the records required in Table 6 to this subpart to 
show continuous compliance with each emission limitation and work 
practice standard that applies to you.
    (c) You must also maintain the records listed in paragraphs (c)(1) 
through (11) of this section.
    (1) For each bag leak detection system, records of each alarm, the 
time of the alarm, the time corrective action was initiated and 
completed, and a brief description of the cause of the alarm and the 
corrective action taken.
    (2) For each deviation, record the information in paragraphs 
(c)(2)(i) through (iv) of this section.
    (i) The date, time, and duration of the deviation.
    (ii) A list of the affected sources or equipment.
    (iii) 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.
    (iv) Actions taken to minimize emissions in accordance with Sec.  
63.8420(b) and any corrective actions taken to return the affected unit 
to its normal or usual manner of operation.
    (3) For each affected source, records of production rates on a 
fired-product basis.
    (4) Records for any approved alternative monitoring or test 
procedures.
    (5) Records of maintenance and inspections performed on the APCD.
    (6) Current copies of your OM&M plan, including any revisions, with 
records documenting conformance.
    (7) Logs of the information required in paragraphs (c)(7)(i) through 
(iii) of this section to document proper operation of your periodic 
kiln.
    (i) Records of the firing time and temperature cycle for each 
product produced in each periodic kiln. If all periodic kilns use the 
same time and temperature cycles, one copy may be maintained for each 
kiln. Reference numbers must be assigned to use in log sheets.
    (ii) For each periodic kiln, a log that details the type of product 
fired in each batch, the corresponding time and temperature protocol 
reference number, and an indication of whether the appropriate time and 
temperature cycle was fired.
    (iii) For each periodic kiln, a log of the actual tonnage of product 
fired in the periodic kiln and an indication of whether the tonnage was 
below the

[[Page 452]]

maximum tonnage for that specific kiln.
    (8) Logs of the maintenance procedures used to demonstrate 
compliance with the maintenance requirements of the periodic kiln work 
practice standards specified in Table 3 to this subpart.
    (9) Records of burner tune-ups used to comply with the dioxin/furan 
work practice standard for tunnel kilns.
    (10) For periods of startup and shutdown, records of the following 
information:
    (i) The date, time, and duration of each startup and/or shutdown 
period, recording the periods when the affected source was subject to 
the standard applicable to startup and shutdown.
    (ii) For periods of startup, the kiln push rate and kiln exhaust 
temperature prior to the time the kiln exhaust reaches the minimum APCD 
inlet temperature (for a kiln with an APCD) or the kiln temperature 
profile is attained (for a kiln with no APCD).
    (iii) For periods of shutdown, the kiln push rate and kiln exhaust 
temperature after the time the kiln exhaust falls below the minimum APCD 
inlet temperature (for a kiln with an APCD) or the kiln temperature 
profile is no longer maintained (for a kiln with no APCD).
    (11) All site-specific parameters, temperature profiles, and 
procedures required to be established or developed according to the 
applicable work practice standards in Table 3 to this subpart.



Sec.  63.8495  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You may keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.8505  What parts of the General Provisions apply to me?

    Table 10 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.16 apply to you.



Sec.  63.8510  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your state, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
state, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to your 
state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the U.S. EPA and are not 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 (6) of 
this section.
    (1) Approval of alternatives to the applicability requirements in 
Sec. Sec.  63.8385 and 63.8390, the compliance date requirements in 
Sec.  63.8395, and the non-opacity emission limitations in Sec.  
63.8405.
    (2) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.
    (6) Approval of a routine control device maintenance request under 
Sec.  63.8420(d).

[[Page 453]]



Sec.  63.8515  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that reduces 
the quantity of a pollutant that is emitted to the air.
    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a fabric filter in order to 
detect bag failures. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative PM 
loadings.
    Brick and structural clay products (BSCP) manufacturing facility 
means a plant site that manufactures brick (including, but not limited 
to, face brick, structural brick, and brick pavers); clay pipe; roof 
tile; extruded floor and wall tile; and/or other extruded, dimensional 
clay products. Brick and structural clay products manufacturing 
facilities typically process raw clay and shale, form the processed 
materials into bricks or shapes, and dry and fire the bricks or shapes. 
A plant site that manufactures refractory products, as defined in 40 CFR 
63.9824, or clay ceramics, as defined in 40 CFR 63.8665, is not a BSCP 
manufacturing facility.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit) or work practice standard; or
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart for any affected source 
required to obtain such a permit.
    Dry lime injection fabric filter (DIFF) means an APCD that includes 
continuous injection of hydrated lime or other sorbent into a duct or 
reaction chamber followed by a fabric filter.
    Dry lime scrubber/fabric filter (DLS/FF) means an APCD that includes 
continuous injection of humidified hydrated lime or other sorbent into a 
reaction chamber followed by a fabric filter. These systems typically 
include recirculation of some of the sorbent.
    Dry limestone adsorber (DLA) means an APCD that includes a limestone 
storage bin, a reaction chamber that is essentially a packed tower 
filled with limestone, and may or may not include a peeling drum that 
mechanically scrapes reacted limestone to regenerate the stone for 
reuse.
    Emission limitation means any emission limit or operating limit.
    Fabric filter means an APCD used to capture PM by filtering a gas 
stream through filter media; also known as a baghouse.
    Initial startup means:
    (1) For a new or reconstructed tunnel kiln controlled with a DLA, 
the time at which the temperature in the kiln first reaches 260 [deg]C 
(500 [deg]F) and the kiln contains product; or
    (2) for a new or reconstructed tunnel kiln controlled with a DIFF, 
DLS/FF, or wet scrubber (WS), the time at which the kiln first reaches a 
level of production that is equal to 75 percent of the kiln design 
capacity or 12 months after the affected source begins firing BSCP, 
whichever is earlier.
    Fired product means brick or structural clay products that have gone 
through the firing process via kilns.
    Kiln exhaust process stream means the portion of the exhaust from a 
tunnel kiln that exhausts directly to the atmosphere (or to an APCD), 
rather than to a sawdust dryer.
    Large tunnel kiln means a tunnel kiln (existing, new, or 
reconstructed) with a design capacity equal to or greater than 9.07 Mg/
hr (10 tph) of fired product.
    Minimum APCD inlet temperature means the minimum temperature that 
kiln exhaust can be vented to the APCD that ensures the long-term 
integrity of the APCD.
    Particulate matter (PM) means, for purposes of this subpart, 
emissions of PM that serve as a measure of total particulate emissions, 
as measured by Method 5 (40 CFR part 60, appendix A-3) or Method 29 (40 
CFR part 60, appendix A-8), and as a surrogate for non-mercury metal HAP 
contained in the particulates including, but not limited

[[Page 454]]

to, antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, 
manganese, nickel, and selenium.
    Periodic kiln means a batch firing kiln.
    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.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Small tunnel kiln means a tunnel kiln (existing, new, or 
reconstructed) with a design capacity less than 9.07 Mg/hr (10 tph) of 
fired product.
    Startup means the setting in operation of an affected source and 
starting the production process.
    Startup push rate means the kiln push rate required to bring the 
kiln to the proper operating temperature during startup.
    Tunnel kiln means any continuous kiln that is used to fire BSCP. 
Some tunnel kilns have two process streams, including a process stream 
that exhausts directly to the atmosphere or to an APCD, and a process 
stream in which the kiln exhaust is ducted to a sawdust dryer where it 
is used to dry sawdust before being emitted to the atmosphere.
    Tunnel kiln design capacity means the maximum amount of brick, in Mg 
(tons), that a kiln is designed to produce in one year divided by the 
number of hours in a year (8,760 hours), taking into account the void 
space in the brick, the push rate for the kiln, and the stacking 
pattern, if applicable. If a kiln is modified to increase the capacity, 
the design capacity is considered to be the capacity following 
modifications.
    Wet scrubber (WS) means an APCD that uses water, which may include 
caustic additives or other chemicals, as the sorbent. Wet scrubbers may 
use any of various design mechanisms to increase the contact between 
exhaust gases and the sorbent.
    Work practice standard means any design, equipment, work practice, 
operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.
    Tables to Subpart JJJJJ of Part 63



        Sec. Table 1 to Subpart JJJJJ of Part 63--Emission Limits

    As stated in Sec.  63.8405, you must meet each emission limit in the 
following table that applies to you:

----------------------------------------------------------------------------------------------------------------
                                               You must meet the following         Or you must comply with the
              For each . . .                      emission limits . . .                  following . . .
----------------------------------------------------------------------------------------------------------------
1. Collection of all tunnel kilns at       HF, HCl, and Cl2 emissions must not  Not applicable.
 facility, including all process streams.   exceed 26 kg/hr (57 lb/hr) HCl
                                            equivalent, under the health-based
                                            standard, as determined using
                                            Equations 2 and 3.
2. Existing large tunnel kiln (design      a. PM emissions must not exceed      i. PM emissions must not exceed
 capacity =10 tons per hour      0.018 kg/Mg (0.036 lb/ton) of        6.6 mg/dscm (0.0029 gr/dscf) at
 (tph) of fired product), including all     fired product.                       17% O2; or
 process streams.                                                               ii. Non-Hg HAP metals emissions
                                                                                 must not exceed 0.0026 kg/hr
                                                                                 (0.0057 lb/hr).
                                           b. Hg emissions must not exceed 2.1  i. Hg emissions must not exceed
                                            E-05 kilogram per megagram (kg/Mg)   7.7 micrograms per dry standard
                                            (4.1 E-05 pound per ton (lb/ton))    cubic meter ([micro]g/dscm) at
                                            of fired product.                    17% O2; or
                                                                                ii. Hg emissions must not exceed
                                                                                 2.5 E-04 kg/hr (5.5 E-04 lb/
                                                                                 hr).
3. Existing small tunnel kiln (design      a. PM emissions must not exceed      i. PM emissions must not exceed
 capacity <10 tph of fired product),        0.19 kg/Mg (0.37 lb/ton) of fired    4.8 mg/dscm (0.0021 gr/dscf) at
 including all process streams.             product.                             17% O2; or
                                                                                ii. Non-Hg HAP metals emissions
                                                                                 must not exceed 0.047 kg/hr
                                                                                 (0.11 lb/hr).
                                           b. Hg emissions must not exceed 1.7  i. Hg emissions must not exceed
                                            E-04 kg/Mg (3.3 E-04 lb/ton) of      91 [micro]g/dscm at 17% O2; or
                                            fired product.
                                                                                ii. Hg emissions must not exceed
                                                                                 8.5 E-04 kg/hr (0.0019 lb/hr).

[[Page 455]]

 
4. New or reconstructed large tunnel kiln  a. PM emissions must not exceed      i. PM emissions must not exceed
 (design capacity =10 tph of     0.0089 kg/Mg (0.018 lb/ton) of       3.2 mg/dscm (0.0014 gr/dscf) at
 fired product), including all process      fired product..                      17% O2; or
 streams.                                                                       ii. Non-Hg HAP metals emissions
                                                                                 must not exceed 0.0026 kg/hr
                                                                                 (0.0057 lb/hr) of fired
                                                                                 product.
                                           b. Hg emissions must not exceed 1.4  i. Hg emissions must not exceed
                                            E-05 kg/Mg (2.8 E-05 lb/ton) of      6.2 [micro]g/dscm at 17% O2.
                                            fired product.
                                                                                ii. Hg emissions must not exceed
                                                                                 1.6 E-04 kg/hr (3.4 E-04 lb/
                                                                                 hr).
5. New or reconstructed small tunnel kiln  a. PM emissions must not exceed      i. PM emissions must not exceed
 (design capacity <10 tph of fired          0.015 kg/Mg (0.030 lb/ton) of        4.7 mg/dscm (0.0021 gr/dscf) at
 product), including all process            fired product.                       17% O2; or
  streams.                                                                      ii. Non-Hg HAP metals emissions
                                                                                 must not exceed 0.047 kg/hr
                                                                                 (0.11 lb/hr) of fired product.
                                           b. Hg emissions must not exceed 1.7  i. Hg emissions must not exceed
                                            E-04 kg/Mg (3.3 E-04 lb/ton) of      91 [micro]g/dscm at 17% O2.
                                            fired product.
                                                                                ii. Hg emissions must not exceed
                                                                                 8.5 E-04 kg/hr (0.0019 lb/hr).
----------------------------------------------------------------------------------------------------------------



       Sec. Table 2 to Subpart JJJJJ of Part 63--Operating Limits

    As stated in Sec.  63.8405, you must meet each operating limit in 
the following table that applies to you:

------------------------------------------------------------------------
           For each . . .                       You must . . .
------------------------------------------------------------------------
1. Tunnel kiln equipped with a DLA.  a. Maintain the average pressure
                                      drop across the DLA for each 3-
                                      hour block period at or above the
                                      average pressure drop established
                                      during the HF/HCl/Cl2 performance
                                      test; or, if you are monitoring
                                      the bypass stack damper position,
                                      initiate corrective action within
                                      1 hour after the bypass damper is
                                      opened allowing the kiln exhaust
                                      gas to bypass the DLA and complete
                                      corrective action in accordance
                                      with your OM&M plan; and
                                     b. Maintain an adequate amount of
                                      limestone in the limestone hopper,
                                      storage bin (located at the top of
                                      the DLA), and DLA at all times;
                                      maintain the limestone feeder
                                      setting (on a per ton of fired
                                      product basis) at or above the
                                      level established during the HF/
                                      HCl/Cl2 performance test in which
                                      compliance was demonstrated; and
                                     c. Use the same grade of limestone
                                      from the same source as was used
                                      during the HF/HCl/Cl2 performance
                                      test in which compliance was
                                      demonstrated; maintain records of
                                      the source and grade of limestone;
                                      and
                                     d. Maintain no VE from the DLA
                                      stack.
2. Tunnel kiln equipped with a DIFF  a. If you use a bag leak detection
 or DLS/FF.                           system, initiate corrective action
                                      within 1 hour of a bag leak
                                      detection system alarm and
                                      complete corrective actions in
                                      accordance with your OM&M plan;
                                      operate and maintain the fabric
                                      filter such that the alarm is not
                                      engaged for more than 5 percent of
                                      the total operating time in a 6-
                                      month block reporting period; or
                                      maintain no VE from the DIFF or
                                      DLS/FF stack; and
                                     b. Maintain free-flowing lime in
                                      the feed hopper or silo and to the
                                      APCD at all times for continuous
                                      injection systems; maintain the
                                      feeder setting (on a per ton of
                                      fired product basis) at or above
                                      the level established during the
                                      HF/HCl/Cl2 performance test for
                                      continuous injection systems in
                                      which compliance was demonstrated.
3. Tunnel kiln equipped with a WS..  a. Maintain the average scrubber
                                      liquid pH for each 3-hour block
                                      period at or above the average
                                      scrubber liquid pH established
                                      during the HF/HCl/Cl2 performance
                                      test in which compliance was
                                      demonstrated; and
                                     b. Maintain the average scrubber
                                      liquid flow rate for each 3-hour
                                      block period at or above the
                                      highest average scrubber liquid
                                      flow rate established during the
                                      HF/HCl/Cl2 and PM/non-Hg HAP
                                      metals performance tests in which
                                      compliance was demonstrated.

[[Page 456]]

 
4. Tunnel kiln equipped with an ACI  Maintain the average carbon flow
 system.                              rate for each 3-hour block period
                                      at or above the average carbon
                                      flow rate established during the
                                      Hg performance test in which
                                      compliance was demonstrated.
5. Tunnel kiln with no add-on        a. Maintain no VE from the stack.
 control.                            b. Maintain the kiln process rate
                                      at or below the kiln process rate
                                      determined according to Sec.
                                      63.8445(g)(1).
------------------------------------------------------------------------



    Sec. Table 3 to Subpart JJJJJ of Part 63--Work Practice Standards

    As stated in Sec.  63.8405, you must meet each work practice 
standard in the following table that applies to you:

------------------------------------------------------------------------
                                                      According to the
       For each . . .            You must . . .           following
                                                     requirements . . .
------------------------------------------------------------------------
1. Existing, new or           a. Minimize HAP       i. Develop and use a
 reconstructed periodic kiln.  emissions.            designed firing
                                                     time and
                                                     temperature cycle
                                                     for each periodic
                                                     kiln. You must
                                                     either program the
                                                     time and
                                                     temperature cycle
                                                     into your kiln or
                                                     track each step on
                                                     a log sheet; and
                                                    ii. Label each
                                                     periodic kiln with
                                                     the maximum load
                                                     (in tons) of
                                                     product that can be
                                                     fired in the kiln
                                                     during a single
                                                     firing cycle; and
                                                    iii. For each firing
                                                     load, document the
                                                     total tonnage of
                                                     product placed in
                                                     the kiln to ensure
                                                     that it is not
                                                     greater than the
                                                     maximum load
                                                     identified in item
                                                     1b; and
                                                    iv. Develop and
                                                     follow maintenance
                                                     procedures for each
                                                     kiln that, at a
                                                     minimum, specify
                                                     the frequency of
                                                     inspection and
                                                     maintenance of
                                                     temperature
                                                     monitoring devices,
                                                     controls that
                                                     regulate air-to-
                                                     fuel ratios, and
                                                     controls that
                                                     regulate firing
                                                     cycles; and
                                                    v. Develop and
                                                     maintain records
                                                     for each periodic
                                                     kiln, as specified
                                                     in Sec.   63.8490.
2. Existing, new or           a. Minimize dioxin/   i. Maintain and
 reconstructed tunnel kiln.    furan emissions.      inspect the burners
                                                     and associated
                                                     combustion controls
                                                     (as applicable);
                                                     and
                                                    ii. Tune the
                                                     specific burner
                                                     type to optimize
                                                     combustion.
3. Existing, new or           a. Minimize HAP       i. Establish the
 reconstructed tunnel kiln     emissions.            startup push rate
 during periods of startup.                          for each kiln, the
                                                     minimum APCD inlet
                                                     temperature for
                                                     each APCD, and
                                                     temperature profile
                                                     for each kiln
                                                     without an APCD and
                                                     include them in
                                                     your first
                                                     compliance report,
                                                     as specified in
                                                     Sec.
                                                     63.8485(c)(8); and
                                                    ii. After initial
                                                     charging of the
                                                     kiln with loaded
                                                     kiln cars, remain
                                                     at or below the
                                                     startup push rate
                                                     for the kiln until
                                                     the kiln exhaust
                                                     reaches the minimum
                                                     APCD inlet
                                                     temperature for a
                                                     kiln with an APCD
                                                     or until the kiln
                                                     temperature profile
                                                     is attained for a
                                                     kiln with no APCD;
                                                     and
                                                    iii. If your kiln
                                                     has an APCD, begin
                                                     venting the exhaust
                                                     from the kiln
                                                     through the APCD by
                                                     the time the kiln
                                                     exhaust temperature
                                                     reaches the minimum
                                                     APCD inlet
                                                     temperature.
4. Existing, new or           a. Minimize HAP       i. Do not push
 reconstructed tunnel kiln     emissions.            loaded kiln cars
 during periods of shutdown.                         into the kiln once
                                                     the kiln exhaust
                                                     temperature falls
                                                     below the minimum
                                                     APCD inlet
                                                     temperature if the
                                                     kiln is controlled
                                                     by an APCD or when
                                                     the kiln
                                                     temperature profile
                                                     is no longer
                                                     maintained for an
                                                     uncontrolled kiln;
                                                     and

[[Page 457]]

 
                                                    ii. If your kiln has
                                                     an APCD, continue
                                                     to vent the exhaust
                                                     from the kiln
                                                     through the APCD
                                                     until the kiln
                                                     exhaust temperature
                                                     falls below the
                                                     minimum inlet
                                                     temperature for the
                                                     APCD.
5. Existing, new or           a. Minimize HAP       i. Develop and use a
 reconstructed tunnel kiln     emissions..           temperature profile
 during periods of routine                           for each kiln; and
 control de-.
  vice maintenance                                  ii. Develop and
                                                     follow maintenance
                                                     procedures for each
                                                     kiln that, at a
                                                     minimum, specify
                                                     the frequency of
                                                     inspection and
                                                     maintenance of
                                                     temperature
                                                     monitoring devices
                                                     and controls that
                                                     regulate air-to-
                                                     fuel ratios; and
                                                    iii. Develop and
                                                     maintain records
                                                     for each kiln, as
                                                     specified in Sec.
                                                     63.8490(a)(3).
------------------------------------------------------------------------

    As stated in Sec.  63.8445, you must conduct each performance test 
in the following table that applies to you:



 Sec. Table 4 to Subpart JJJJJ of Part 63--Requirements for Performance 
                                  Tests

    As stated in Sec.  63.8445, you must conduct each performance test 
in the following table that applies to you:

----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
           For each . . .                You must . . .            Using . . .            requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Tunnel kiln.....................  a. Select locations of  Method 1 or 1A of 40    Sampling sites must be
                                      sampling ports and      CFR part 60, appendix   located at the outlet of
                                      the number of           A-1.                    the APCD and prior to any
                                      traverse points.                                releases to the atmosphere
                                                                                      for all affected sources.
                                     b. Determine            Method 2 of 40 CFR      You may use Method 2A, 2C,
                                      velocities and          part 60, appendix A-1.  2D, or 2F of 40 CFR part
                                      volumetric flow rate.                           60, appendix A-1, or
                                                                                      Method 2G of 40 CFR part
                                                                                      60, appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 2 of 40 CFR part
                                                                                      60, appendix A-1.
                                     c. Conduct gas          Method 3 of 40 CFR      You may use Method 3A or 3B
                                      molecular weight        part 60, appendix A-2.  of 40 CFR part 60,
                                      analysis.                                       appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 3 of 40 CFR part
                                                                                      60, appendix A-2. ANSI/
                                                                                      ASME PTC 19.10-1981
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to the manual
                                                                                      procedures (but not the
                                                                                      instrumental procedures)
                                                                                      in Methods 3A and 3B.
                                     d. Measure moisture     Method 4 of 40 CFR
                                      content of the stack    part 60, appendix A-3.
                                      gas.
                                     e. Measure HF, HCl and  i. Method 26A of 40     You may use Method 26 of 40
                                      Cl2 emissions.          CFR part 60, appendix   CFR part 60, appendix A-8,
                                                              A-8; or.                as an alternative to using
                                                                                      Method 26A of 40 CFR part
                                                                                      60, appendix A-8, when no
                                                                                      acid PM (e.g., HF or HCl
                                                                                      dissolved in water
                                                                                      droplets emitted by
                                                                                      sources controlled by a
                                                                                      WS) is present. ASTM D6735-
                                                                                      01 (Reapproved 2009)
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to Methods 26
                                                                                      and 26A.

[[Page 458]]

 
                                                             ii. Method 320 of       When using Method 320 of
                                                              appendix A of this      appendix A of this part,
                                                              part.                   you must follow the
                                                                                      analyte spiking procedures
                                                                                      of section 13 of Method
                                                                                      320 of appendix A of this
                                                                                      part, unless you can
                                                                                      demonstrate that the
                                                                                      complete spiking procedure
                                                                                      has been conducted at a
                                                                                      similar source. ASTM D6348-
                                                                                      03 (Reapproved 2010)
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to Method 320
                                                                                      if the test plan
                                                                                      preparation and
                                                                                      implementation in Annexes
                                                                                      A1-A8 are mandatory and
                                                                                      the %R in Annex A5 is
                                                                                      determined for each target
                                                                                      analyte.
                                     f. Measure PM           i. For PM only: Method
                                      emissions or non-Hg     5 of 40 CFR part 60,.
                                      HAP.
                                       metals                  appendix A-3; or....
                                                             ii. For PM or non-Hg
                                                              HAP metals: Method 29
                                                              of 40 CFR part 60,
                                                              appendix A-8.
                                     g. Measure Hg           Method 29 of 40 CFR     ASTM D6784-02 (Reapproved
                                      emissions.              part 60, appendix A-8.  2008) (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to Method 29
                                                                                      (portion for Hg only).
2. Tunnel kiln with no add-on        Establish the           HCl-equivalent limit    Using the procedures in
 control.                             operating limit(s)      in Table 1 to this      Sec.   63.8445(g)(1), you
                                      for kiln process rate   subpart and emissions   must determine the maximum
                                      if the total facility   and production data     process rate(s) for your
                                      maximum potential HCl-  from the HF/HCl/Cl2     kiln(s) that would ensure
                                      equivalent emissions    performance test.       total facility maximum
                                      are greater than the                            potential HCl-equivalent
                                      HCl-equivalent limit                            emissions remain at or
                                      in Table 1 to this                              below the HCl-equivalent
                                      subpart.                                        limit in Table 1 to this
                                                                                      subpart. The maximum
                                                                                      process rate(s) would
                                                                                      become your site-specific
                                                                                      process rate operating
                                                                                      limit(s).
3. Tunnel kiln that is complying     Determine the           Production data         You must measure and record
 with PM and/or Hg production-based   production rate         collected during the    the production rate, on a
 emission limits.                     during each PM/Hg       PM/Hg performance       fired-product basis, of
                                      test run in order to    tests (e.g., no. of     the affected source for
                                      determine compliance    pushes per hour, no.    each of the three test
                                      with PM and/or Hg       of bricks per kiln      runs.
                                      production-based        car, weight of a
                                      emission limits.        typical fired brick).
4. Tunnel kiln equipped with a DLA.  a. Establish the        Data from the pressure  You must continuously
                                      operating limit for     drop measurement        measure the pressure drop
                                      the average pressure    device during the HF/   across the DLA, determine
                                      drop across the DLA.    HCl/Cl2 performance     and record the block
                                                              test.                   average pressure drop
                                                                                      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      pressure drop measurements
                                                                                      for the three test runs.
                                                                                      The average of the three
                                                                                      test runs establishes your
                                                                                      minimum site-specific
                                                                                      pressure drop operating
                                                                                      limit.
                                     b. Establish the        Data from the           You must ensure that you
                                      operating limit for     limestone feeder        maintain an adequate
                                      the limestone feeder    during the HF/HCl/Cl2   amount of limestone in the
                                      setting.                performance test.       limestone hopper, storage
                                                                                      bin (located at the top of
                                                                                      the DLA), and DLA at all
                                                                                      times during the
                                                                                      performance test. You must
                                                                                      establish your limestone
                                                                                      feeder setting, on a per
                                                                                      ton of fired product
                                                                                      basis, one week prior to
                                                                                      the performance test and
                                                                                      maintain the feeder
                                                                                      setting for the one-week
                                                                                      period that precedes the
                                                                                      performance test and
                                                                                      during the performance
                                                                                      test.
                                     c. Document the source  Records of limestone
                                      and grade of            purchase.
                                      limestone used.
5. Tunnel kiln equipped with a DIFF  Establish the           Data from the lime      For continuous lime
 or DLS/FF.                           operating limit for     feeder during the HF/   injection systems, you
                                      the lime feeder         HCl/Cl2 performance     must ensure that lime in
                                      setting.                test.                   the feed hopper or silo
                                                                                      and to the APCD is free-
                                                                                      flowing at all times
                                                                                      during the performance
                                                                                      test and record the feeder
                                                                                      setting, on a per ton of
                                                                                      fired product basis, for
                                                                                      the three test runs. If
                                                                                      the feed rate setting
                                                                                      varies during the three
                                                                                      test runs, determine and
                                                                                      record the average feed
                                                                                      rate from the three test
                                                                                      runs. The average of the
                                                                                      three test runs
                                                                                      establishes your minimum
                                                                                      site-specific feed rate
                                                                                      operating limit.

[[Page 459]]

 
6. Tunnel kiln equipped with a WS..  a. Establish the        Data from the pH        You must continuously
                                      operating limit for     measurement device      measure the scrubber
                                      the average scrubber    during the              liquid pH, determine and
                                      liquid pH.              performance HF/HCl/     record the block average
                                                              Cl2 performance test.   pH values for the three
                                                                                      test runs, and determine
                                                                                      and record the 3-hour
                                                                                      block average of the
                                                                                      recorded pH measurements
                                                                                      for the three test runs.
                                                                                      The average of the three
                                                                                      test runs establishes your
                                                                                      minimum site-specific
                                                                                      liquid pH operating limit.
                                     b. Establish the        Data from the flow      You must continuously
                                      operating limit for     rate measurement        measure the scrubber
                                      the average scrubber    device during the HF/   liquid flow rate,
                                      liquid flow rate.       HCl/Cl2 and PM/non-Hg   determine and record the
                                                              HAP metals              block average flow rate
                                                              performance tests.      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      flow rate measurements for
                                                                                      the three test runs. The
                                                                                      average of the three test
                                                                                      runs establishes your
                                                                                      minimum site-specific
                                                                                      liquid flow rate operating
                                                                                      level. If different
                                                                                      average wet scrubber
                                                                                      liquid flow rate values
                                                                                      are measured during the HF/
                                                                                      HCl/Cl2 and PM/non-Hg HAP
                                                                                      metals tests, the highest
                                                                                      of the average values
                                                                                      become your site-specific
                                                                                      operating limit.
7. Tunnel kiln equipped with an ACI  Establish the           Data from the carbon    You must measure the carbon
 system.                              operating limit for     flow rate measurement   flow rate during each test
                                      the average carbon      conducted during the    run, determine and record
                                      flow rate.              Hg performance test.    the block average carbon
                                                                                      flow rate values for the
                                                                                      three test runs, and
                                                                                      determine and record the 3-
                                                                                      hour block average of the
                                                                                      recorded carbon flow rate
                                                                                      measurements for the three
                                                                                      test runs. The average of
                                                                                      the three test runs
                                                                                      establishes your minimum
                                                                                      site-specific activated
                                                                                      carbon flow rate operating
                                                                                      limit.
----------------------------------------------------------------------------------------------------------------



   Sec. Table 5 to Subpart JJJJJ of Part 63--Initial Compliance With 
            Emission Limitations and Work Practice Standards

    As stated in Sec.  63.8455, you must demonstrate initial compliance 
with each emission limitation and work practice standard that applies to 
you according to the following table:

------------------------------------------------------------------------
                                                          You have
       For each . . .          For the following .  demonstrated initial
                                       . .           compliance if . . .
------------------------------------------------------------------------
1. Collection of all tunnel   a. HF, HCl, and Cl2   i. You measure HF,
 kilns at the facility,        emissions must not    HCl, and Cl2
 including all process         exceed 26 kg/hr (57   emissions for each
 streams.                      lb/hr) HCl            kiln using Method
                               equivalent.           26 or 26A of 40 CFR
                                                     part 60, appendix A-
                                                     8 or its
                                                     alternative, ASTM
                                                     D6735-01
                                                     (Reapproved 2009)
                                                     (incorporated by
                                                     reference, see Sec.
                                                       63.14); or Method
                                                     320 of appendix A
                                                     of this part or its
                                                     alternative, ASTM
                                                     D6348-03
                                                     (Reapproved 2010)
                                                     (incorporated by
                                                     reference, see Sec.
                                                       63.14); and
                                                    ii. You calculate
                                                     the HCl-equivalent
                                                     emissions for each
                                                     kiln using Equation
                                                     2 to this subpart;
                                                     and
                                                    iii. You sum the HCl-
                                                     equivalent values
                                                     for all kilns at
                                                     the facility using
                                                     Equation 3 to this
                                                     subpart; and
                                                    iv. The facility
                                                     total HCl-
                                                     equivalent does not
                                                     exceed 26 kg/hr (57
                                                     lb/hr).
2. Existing large tunnel      a. PM emissions must  i. The PM emissions
 kiln (design capacity =10 tph of fired       Mg (0.036 lb/ton)     Method 5 of 40 CFR
 product), including all       of fired product or   part 60, appendix A-
 process streams.              6.6 mg/dscm (0.0029   3 or Method 29 of
                               gr/dscf) at 17% O2;   40 CFR part 60,
                               or.                   appendix A-8, over
                                                     the period of the
                                                     initial performance
                                                     test, according to
                                                     the calculations in
                                                     Sec.
                                                     63.8445(f)(1), do
                                                     not exceed 0.018 kg/
                                                     Mg (0.036 lb/ton)
                                                     of fired product or
                                                     6.6 mg/dscm (0.0029
                                                     gr/dscf) at 17% O2;
                                                     and

[[Page 460]]

 
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which PM
                                                     emissions did not
                                                     exceed 0.018 kg/Mg
                                                     (0.036 lb/ton) of
                                                     fired product or
                                                     6.6 mg/dscm (0.0029
                                                     gr/dscf) at 17% O2.
                              b. Non-Hg HAP metals  i. The non-Hg HAP
                               emissions must not    metals emissions
                               exceed 0.0026 kg/hr   measured using
                               (0.0057 lb/hr).       Method 29 of 40 CFR
                                                     part 60, appendix A-
                                                     8, over the period
                                                     of the initial
                                                     performance test,
                                                     do not exceed
                                                     0.0026 kg/hr
                                                     (0.0057 lb/hr); and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which non-Hg
                                                     HAP metals
                                                     emissions did not
                                                     exceed 0.0026 kg/hr
                                                     (0.0057 lb/hr).
                              c. Hg emissions must  i. The Hg emissions
                               not exceed 2.1 E-05   measured using
                               kg/Mg (4.1 E-05 lb/   Method 29 of 40 CFR
                               ton) of fired         part 60, appendix A-
                               product or 7.7        8 or its
                               [micro]g/dscm at      alternative, ASTM
                               17% O2 or 2.5 E-04    D6784-02
                               kg/hr (5.5 E-04 lb/   (Reapproved 2008)
                               hr).                  (incorporated by
                                                     reference, see Sec.
                                                       63.14), over the
                                                     period of the
                                                     initial performance
                                                     test, do not exceed
                                                     2.1 E-05 kg/Mg (4.1
                                                     E-05 lb/ton) of
                                                     fired product or
                                                     7.7 [micro]g/dscm
                                                     at 17% O2 or 2.5 E-
                                                     04 kg/hr (5.5 E-04
                                                     lb/hr); and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which Hg
                                                     emissions did not
                                                     exceed 2.1 E-05 kg/
                                                     Mg (4.1 E-05 lb/
                                                     ton) of fired
                                                     product or 7.7
                                                     [micro]g/dscm at
                                                     17% O2 or 2.5 E-04
                                                     kg/hr (5.5 E-04 lb/
                                                     hr).
3. Existing small tunnel      a. PM emissions must  i. The PM emissions
 kiln (design capacity <10     not exceed 0.19 kg/   measured using
 tph of fired product),        Mg (0.37 lb/ton) of   Method 5 of 40 CFR
 including all process         fired product or      part 60, appendix A-
 streams.                      4.8 mg/dscm (0.0021   3 or Method 29 of
                               gr/dscf) at 17% O2;   40 CFR part 60,
                               or.                   appendix A-8, over
                                                     the period of the
                                                     initial performance
                                                     test, according to
                                                     the calculations in
                                                     Sec.
                                                     63.8445(f)(1), do
                                                     not exceed 0.19 kg/
                                                     Mg (0.37 lb/ton) of
                                                     fired product or
                                                     4.8 mg/dscm (0.0021
                                                     gr/dscf) at 17% O2;
                                                     and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which PM
                                                     emissions did not
                                                     exceed 0.19 kg/Mg
                                                     (0.37 lb/ton) of
                                                     fired product or
                                                     4.8 mg/dscm (0.0021
                                                     gr/dscf) at 17% O2.
                              b. Non-Hg HAP metals  i. The non-Hg HAP
                               emissions must not    metals emissions
                               exceed 0.047 kg/hr    measured using
                               (0.11 lb/hr).         Method 29 of 40 CFR
                                                     part 60, appendix A-
                                                     8, over the period
                                                     of the initial
                                                     performance test,
                                                     do not exceed 0.047
                                                     kg/hr (0.11 lb/hr);
                                                     and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which non-Hg
                                                     HAP metals
                                                     emissions did not
                                                     exceed 0.047 kg/hr
                                                     (0.11 lb/hr).

[[Page 461]]

 
                              c. Hg emissions must  i. The Hg emissions
                               not exceed 1.7 E-04   measured using
                               kg/Mg (3.3 E-04 lb/   Method 29 of 40 CFR
                               ton) of fired         part 60, appendix A-
                               product or 91         8 or its
                               [micro]g/dscm at      alternative, ASTM
                               17% O2 or 8.5 E-04    D6784-02
                               kg/hr (0.0019 lb/     (Reapproved 2008)
                               hr).                  (incorporated by
                                                     reference, see Sec.
                                                       63.14), over the
                                                     period of the
                                                     initial performance
                                                     test, do not exceed
                                                     1.7 E-04 kg/Mg (3.3
                                                     E-04 lb/ton) of
                                                     fired product or 91
                                                     [micro]g/dscm at
                                                     17% O2 or 8.5 E-04
                                                     kg/hr (0.0019 lb/
                                                     hr); and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which Hg
                                                     emissions did not
                                                     exceed 1.7 E-04 kg/
                                                     Mg (3.3 E-04 lb/
                                                     ton) of fired
                                                     product or 91
                                                     [micro]g/dscm at
                                                     17% O2 or 8.5 E-04
                                                     kg/hr (0.0019 lb/
                                                     hr).
4. New or reconstructed       a. PM emissions must  i. The PM emissions
 large tunnel kiln (design     not exceed 0.0089     measured using
 capacity =10 tph   kg/Mg (0.018 lb/      Method 5 of 40 CFR
 of fired product),            ton) of fired         part 60, appendix A-
 including all process         product or 3.2 mg/    3, over the period
 streams.                      dscm (0.0014 gr/      of the initial
                               dscf) at 17% O2; or.  performance test,
                                                     according to the
                                                     calculations in
                                                     Sec.
                                                     63.8445(f)(1), do
                                                     not exceed 0.0089
                                                     kg/Mg (0.018 lb/
                                                     ton) of fired
                                                     product or 3.2 mg/
                                                     dscm (0.0014 gr/
                                                     dscf) at 17% O2;
                                                     and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which PM
                                                     emissions did not
                                                     exceed 0.0089 kg/Mg
                                                     (0.018 lb/ton) of
                                                     fired product or
                                                     3.2 mg/dscm (0.0014
                                                     gr/dscf) at 17% O2.
                              b. Non-Hg HAP metals  i. The non-Hg HAP
                               emissions must not    metals emissions
                               exceed 0.0026 kg/hr   measured using
                               (0.0057 lb/hr).       Method 29 of 40 CFR
                                                     part 60, appendix A-
                                                     8, over the period
                                                     of the initial
                                                     performance test,
                                                     do not exceed
                                                     0.0026 kg/hr
                                                     (0.0057 lb/hr); and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which non-Hg
                                                     HAP metals
                                                     emissions did not
                                                     exceed 0.0026 kg/hr
                                                     (0.0057 lb/hr).
                              c. Hg emissions must  i. The Hg emissions
                               not exceed 1.4 E-05   measured using
                               kg/Mg (2.8 E-05 lb/   Method 29 of 40 CFR
                               ton) of fired         part 60, appendix A-
                               product or 6.2        8 or its
                               [micro]g/dscm at      alternative, ASTM
                               17% O2 or 1.6 E-04    D6784-02
                               kg/hr (3.4 E-04 lb/   (Reapproved 2008)
                               hr).                  (incorporated by
                                                     reference, see Sec.
                                                       63.14), over the
                                                     period of the
                                                     initial performance
                                                     test, do not exceed
                                                     1.4 E-05 kg/Mg (2.8
                                                     E-05 lb/ton) of
                                                     fired product or
                                                     6.2 [micro]g/dscm
                                                     at 17% O2 or 1.6 E-
                                                     04 kg/hr (3.4 E-04
                                                     lb/hr); and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which Hg
                                                     emissions did not
                                                     exceed 1.4 E-05 kg/
                                                     Mg (2.8 E-05 lb/
                                                     ton) of fired
                                                     product or 6.2
                                                     [micro]g/dscm at
                                                     17% O2 or 1.6 E-04
                                                     kg/hr (3.4 E-04 lb/
                                                     hr).
5. New or reconstructed       a. PM emissions must  i. The PM emissions
 small tunnel kiln (design     not exceed 0.015 kg/  measured using
 capacity <10 tph of fired     Mg (0.030 lb/ton)     Method 5 of 40 CFR
 product), including all       of fired product or   part 60, appendix A-
 process streams.              4.7 mg/dscm (0.0021   3, over the period
                               gr/dscf) at 17% O2;   of the initial
                               or.                   performance test,
                                                     according to the
                                                     calculations in
                                                     Sec.
                                                     63.8445(f)(1), do
                                                     not exceed 0.015 kg/
                                                     Mg (0.030 lb/ton)
                                                     of fired product or
                                                     4.7 mg/dscm (0.0021
                                                     gr/dscf) at 17% O2;
                                                     and

[[Page 462]]

 
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which PM
                                                     emissions did not
                                                     exceed 0.015 kg/Mg
                                                     (0.030 lb/ton) of
                                                     fired product or
                                                     4.7 mg/dscm (0.0021
                                                     gr/dscf) at 17% O2.
                              b. Non-Hg HAP metals  i. The non-Hg HAP
                               emissions must not    metals emissions
                               exceed 0.047 kg/hr    measured using
                               (0.11 lb/hr).         Method 29 of 40 CFR
                                                     part 60, appendix A-
                                                     8, over the period
                                                     of the initial
                                                     performance test,
                                                     do not exceed 0.047
                                                     kg/hr (0.11 lb/hr);
                                                     and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which non-Hg
                                                     HAP metals
                                                     emissions did not
                                                     exceed 0.047 kg/hr
                                                     (0.11 lb/hr).
                              c. Hg emissions must  i. The Hg emissions
                               not exceed 1.7 E-04   measured using
                               kg/Mg (3.3 E-04 lb/   Method 29 of 40 CFR
                               ton) of fired         part 60, appendix A-
                               product or 91         8 or its
                               [micro]g/dscm at      alternative, ASTM
                               17% O2 or 8.5 E-04    D6784-02
                               kg/hr (0.0019 lb/     (Reapproved 2008)
                               hr).                  (incorporated by
                                                     reference, see Sec.
                                                       63.14), over the
                                                     period of the
                                                     initial performance
                                                     test, do not exceed
                                                     1.7 E-04 kg/Mg (3.3
                                                     E-04 lb/ton) of
                                                     fired product or 91
                                                     [micro]g/dscm at
                                                     17% O2 or 8.5 E-04
                                                     kg/hr (0.0019 lb/
                                                     hr); and
                                                    ii. You establish
                                                     and have a record
                                                     of the applicable
                                                     operating limits
                                                     listed in Table 2
                                                     to this subpart
                                                     over the 3-hour
                                                     performance test
                                                     during which Hg
                                                     emissions did not
                                                     exceed 1.7 E-04 kg/
                                                     Mg (3.3 E-04 lb/
                                                     ton) of fired
                                                     product or 91
                                                     [micro]g/dscm at
                                                     17% O2 or 8.5 E-04
                                                     kg/hr (0.0019 lb/
                                                     hr).
6. Existing, new or           a. Minimize HAP       i. Develop a
 reconstructed periodic kiln.  emissions.            designed firing
                                                     time and
                                                     temperature cycle
                                                     for each periodic
                                                     kiln. You must
                                                     either program the
                                                     time and
                                                     temperature cycle
                                                     into your kiln or
                                                     track each step on
                                                     a log sheet; and
                                                    ii. Label each
                                                     periodic kiln with
                                                     the maximum load
                                                     (in tons) of
                                                     product that can be
                                                     fired in the kiln
                                                     during a single
                                                     firing cycle; and
                                                    iii. Develop
                                                     maintenance
                                                     procedures for each
                                                     kiln that, at a
                                                     minimum, specify
                                                     the frequency of
                                                     inspection and
                                                     maintenance of
                                                     temperature
                                                     monitoring devices,
                                                     controls that
                                                     regulate air-to-
                                                     fuel ratios, and
                                                     controls that
                                                     regulate firing
                                                     cycles.
7. Existing, new or           a. Minimize dioxin/   i. Conduct initial
 reconstructed tunnel kiln.    furan emissions.      inspection of the
                                                     burners and
                                                     associated
                                                     combustion controls
                                                     (as applicable);
                                                     and
                                                    ii. Tune the
                                                     specific burner
                                                     type to optimize
                                                     combustion.
------------------------------------------------------------------------



  Sec. Table 6 to Subpart JJJJJ of Part 63--Continuous Compliance With 
            Emission Limitations and Work Practice Standards

    As stated in Sec.  63.8470, you must demonstrate continuous 
compliance with each emission limitation and work practice standard that 
applies to you according to the following table:

[[Page 463]]



------------------------------------------------------------------------
                                                    You must demonstrate
        For each . . .          For the following  continuous compliance
                                      . . .               by . . .
------------------------------------------------------------------------
1. Tunnel kiln equipped with a  a. Each emission   i. Collecting the DLA
 DLA.                            limit in Table 1   pressure drop data
                                 to this subpart    according to Sec.
                                 and each           63.8450(a); reducing
                                 operating limit    the DLA pressure
                                 in Item 1 of       drop data to 3-hour
                                 Table 2 to this    block averages
                                 subpart for        according to Sec.
                                 tunnel kilns       63.8450(a);
                                 equipped with a    maintaining the
                                 DLA.               average pressure
                                                    drop across the DLA
                                                    for each 3-hour
                                                    block period at or
                                                    above the average
                                                    pressure drop
                                                    established during
                                                    the HF/HCl/Cl2
                                                    performance test in
                                                    which compliance was
                                                    demonstrated; or
                                                    continuously
                                                    monitoring the
                                                    bypass stack damper
                                                    position at least
                                                    once every 15
                                                    minutes during
                                                    normal kiln
                                                    operation, and
                                                    initiating
                                                    corrective action
                                                    within 1 hour after
                                                    the bypass damper is
                                                    opened allowing the
                                                    kiln exhaust gas to
                                                    bypass the DLA and
                                                    completing
                                                    corrective action in
                                                    accordance with your
                                                    OM&M plan; and
                                                   ii. Verifying that
                                                    the limestone hopper
                                                    and storage bin
                                                    (located at the top
                                                    of the DLA) contain
                                                    adequate limestone
                                                    by performing a
                                                    daily visual check,
                                                    which could include
                                                    one of the
                                                    following: (1)
                                                    Conducting a
                                                    physical check of
                                                    the hopper; (2)
                                                    creating a visual
                                                    access point, such
                                                    as a window, on the
                                                    side of the hopper;
                                                    (3) installing a
                                                    camera in the hopper
                                                    that provides
                                                    continuous feed to a
                                                    video monitor in the
                                                    control room; or (4)
                                                    confirming that load
                                                    level indicators in
                                                    the hopper are not
                                                    indicating the need
                                                    for additional
                                                    limestone; and
                                                   iii. Recording the
                                                    limestone feeder
                                                    setting daily (on a
                                                    per ton of fired
                                                    product basis) to
                                                    verify that the
                                                    feeder setting is
                                                    being maintained at
                                                    or above the level
                                                    established during
                                                    the HF/HCl/Cl2
                                                    performance test in
                                                    which compliance was
                                                    demonstrated; and
                                                   iv. Using the same
                                                    grade of limestone
                                                    from the same source
                                                    as was used during
                                                    the HF/HCl/Cl2
                                                    performance test;
                                                    maintaining records
                                                    of the source and
                                                    type of limestone;
                                                    and
                                                   v. Performing VE
                                                    observations of the
                                                    DLA stack at the
                                                    frequency specified
                                                    in Sec.   63.8470(e)
                                                    using Method 22 of
                                                    40 CFR part 60,
                                                    appendix A-7;
                                                    maintaining no VE
                                                    from the DLA stack.
2. Tunnel kiln equipped with a  a. Each emission   i. If you use a bag
 DIFF or DLS/FF.                 limit in Table 1   leak detection
                                 to this subpart    system, as
                                 and each           prescribed in
                                 operating limit    63.8450(e),
                                 in Item 2 of       initiating
                                 Table 2 to this    corrective action
                                 subpart for        within 1 hour of a
                                 tunnel kilns       bag leak detection
                                 equipped with      system alarm and
                                 DIFF or DLS/FF.    completing
                                                    corrective actions
                                                    in accordance with
                                                    your OM&M plan;
                                                    operating and
                                                    maintaining the
                                                    fabric filter such
                                                    that the alarm is
                                                    not engaged for more
                                                    than 5 percent of
                                                    the total operating
                                                    time in a 6-month
                                                    block reporting
                                                    period; in
                                                    calculating this
                                                    operating time
                                                    fraction, if
                                                    inspection of the
                                                    fabric filter
                                                    demonstrates that no
                                                    corrective action is
                                                    required, no alarm
                                                    time is counted; if
                                                    corrective action is
                                                    required, each alarm
                                                    is counted as a
                                                    minimum of 1 hour;
                                                    if you take longer
                                                    than 1 hour to
                                                    initiate corrective
                                                    action, the alarm
                                                    time is counted as
                                                    the actual amount of
                                                    time taken by you to
                                                    initiate corrective
                                                    action; or
                                                    performing VE
                                                    observations of the
                                                    DIFF or DLS/FF stack
                                                    at the frequency
                                                    specified in Sec.
                                                    63.8470(e) using
                                                    Method 22 of 40 CFR
                                                    part 60, appendix A-
                                                    7; and maintaining
                                                    no VE from the DIFF
                                                    or DLS/FF stack; and
                                                   ii. Verifying that
                                                    lime is free-flowing
                                                    via a load cell,
                                                    carrier gas/lime
                                                    flow indicator,
                                                    carrier gas pressure
                                                    drop measurement
                                                    system, or other
                                                    system; recording
                                                    all monitor or
                                                    sensor output, and
                                                    if lime is found not
                                                    to be free flowing,
                                                    promptly initiating
                                                    and completing
                                                    corrective actions
                                                    in accordance with
                                                    your OM&M plan;
                                                    recording the feeder
                                                    setting once during
                                                    each shift of
                                                    operation to verify
                                                    that the feeder
                                                    setting is being
                                                    maintained at or
                                                    above the level
                                                    established during
                                                    the HF/HCl/Cl2
                                                    performance test in
                                                    which compliance was
                                                    demonstrated.
3. Tunnel kiln equipped with a  a. Each emission   i. Collecting the
 WS.                             limit in Table 1   scrubber liquid pH
                                 to this subpart    data according to
                                 and each           Sec.   63.8450(a);
                                 operating limit    reducing the
                                 in Item 3 of       scrubber liquid pH
                                 Table 2 to this    data to 3-hour block
                                 subpart for        averages according
                                 tunnel kilns       to Sec.
                                 equipped with WS.  63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    liquid pH for each 3-
                                                    hour block period at
                                                    or above the average
                                                    scrubber liquid pH
                                                    established during
                                                    the HF/HCl/Cl2
                                                    performance test in
                                                    which compliance was
                                                    demonstrated; and

[[Page 464]]

 
                                                   ii. Collecting the
                                                    scrubber liquid flow
                                                    rate data according
                                                    to Sec.
                                                    63.8450(a); reducing
                                                    the scrubber liquid
                                                    flow rate data to 3-
                                                    hour block averages
                                                    according to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average scrubber
                                                    liquid flow rate for
                                                    each 3-hour block
                                                    period at or above
                                                    the highest average
                                                    scrubber liquid flow
                                                    rate established
                                                    during the HF/HCl/
                                                    Cl2 and PM/non-Hg
                                                    HAP metals
                                                    performance tests in
                                                    which compliance was
                                                    demonstrated.
4. Tunnel kiln equipped with    Each emission      Collecting the carbon
 an ACI system.                  limit in Table 1   flow rate data
                                 to this subpart    according to Sec.
                                 and each           63.8450(a); reducing
                                 operating limit    the carbon flow rate
                                 in Item 4 of       data to 3-hour block
                                 Table 2 to this    averages according
                                 subpart for        to Sec.
                                 tunnel kilns       63.8450(a);
                                 equipped with      maintaining the
                                 ACI system.        average carbon flow
                                                    rate for each 3-hour
                                                    block period at or
                                                    above the average
                                                    carbon flow rate
                                                    established during
                                                    the Hg performance
                                                    test in which
                                                    compliance was
                                                    demonstrated.
5. Tunnel kiln with no add-on   a. Each emission   i. Performing VE
 control.                        limit in Table 1   observations of the
                                 to this subpart    stack at the
                                 and each           frequency specified
                                 operating limit    in Sec.   63.8470(e)
                                 in Item 5 of       using Method 22 of
                                 Table 2 to this    40 CFR part 60,
                                 subpart for        appendix A-7; and
                                 tunnel kilns       maintaining no VE
                                 with no add-on     from the stack.
                                 control.
                                                   ii. If your last
                                                    calculated total
                                                    facility maximum
                                                    potential HCl-
                                                    equivalent was not
                                                    at or below the
                                                    health-based
                                                    standard in Table 1
                                                    to this subpart,
                                                    collecting the kiln
                                                    process rate data
                                                    according to Sec.
                                                    63.8450(a); reducing
                                                    the kiln process
                                                    rate data to 3-hour
                                                    block averages
                                                    according to Sec.
                                                    63.8450(a);
                                                    maintaining the
                                                    average kiln process
                                                    rate for each 3-hour
                                                    block period at or
                                                    below the kiln
                                                    process rate
                                                    determined according
                                                    to Sec.
                                                    63.8445(g)(1).
6. Periodic kiln..............  a. Minimize HAP    i. Using a designed
                                 emissions.         firing time and
                                                    temperature cycle
                                                    for each periodic
                                                    kiln; and
                                                   ii. For each firing
                                                    load, documenting
                                                    the total tonnage of
                                                    product placed in
                                                    the kiln to ensure
                                                    that it is not
                                                    greater than the
                                                    maximum load
                                                    identified in Item
                                                    1.a.ii of Table 3 to
                                                    this subpart; and
                                                   iii. Following
                                                    maintenance
                                                    procedures for each
                                                    kiln that, at a
                                                    minimum, specify the
                                                    frequency of
                                                    inspection and
                                                    maintenance of
                                                    temperature
                                                    monitoring devices,
                                                    controls that
                                                    regulate air-to-fuel
                                                    ratios, and controls
                                                    that regulate firing
                                                    cycles; and
                                                   iv. Developing and
                                                    maintaining records
                                                    for each periodic
                                                    kiln, as specified
                                                    in Sec.   63.8490.
7. Tunnel kiln................  a. Minimize        i. Maintaining and
                                 dioxin/furan       inspecting the
                                 emissions.         burners and
                                                    associated
                                                    combustion controls
                                                    (as applicable) and
                                                    tuning the specific
                                                    burner type to
                                                    optimize combustion
                                                    no later than 36
                                                    calendar months
                                                    after the previous
                                                    tune-up; and
                                                   ii. Maintaining
                                                    records of burner
                                                    tune-ups used to
                                                    demonstrate
                                                    compliance with the
                                                    dioxin/furan work
                                                    practice standard;
                                                    and
                                                   iii. Submitting a
                                                    report of most
                                                    recent tune-up
                                                    conducted with
                                                    compliance report.
------------------------------------------------------------------------



       Sec. Table 7 to Subpart JJJJJ of Part 63--Compliance Dates

    As stated in Sec.  63.8395, you must meet each compliance date in 
the following table that applies to you:

------------------------------------------------------------------------
   If you have a(n) . . .      Then you must . . .   No later than . . .
------------------------------------------------------------------------
1. New or reconstructed       Comply with the       December 28, 2015.
 affected source and the       applicable emission
 initial startup of your       limitations and
 affected source is after      work practice
 December 18, 2014, but        standards in Tables
 before December 28, 2015.     1, 2, and 3 to this
                               subpart.
2. New or reconstructed       Comply with the       Initial startup of
 affected source and the       applicable emission   your affected
 initial startup of your       limitations and       source.
 affected source is after      work practice
 December 28, 2015.            standards in Tables
                               1, 2, and 3 to this
                               subpart.
3. Existing affected source.  Comply with the       December 26, 2018.
                               applicable emission
                               limitations and
                               work practice
                               standards in Tables
                               1, 2, and 3 to this
                               subpart.

[[Page 465]]

 
4. Existing area source that  Be in compliance      Initial startup of
 increases its emissions or    with this subpart.    your affected
 its potential to emit such                          source as a major
 that it becomes a major                             source.
 source of HAP by adding a
 new affected source or by
 reconstructing.
5. New area source (i.e., an  Be in compliance      Initial startup of
 area source for which         with this subpart.    your affected
 construction or                                     source as a major
 reconstruction commenced                            source.
 after December 18, 2014)
 that increases its
 emissions or its potential
 to emit such that it
 becomes a major source of
 HAP.
------------------------------------------------------------------------



   Sec. Table 8 to Subpart JJJJJ of Part 63--Deadlines for Submitting 
                              Notifications

    As stated in Sec.  63.8480, you must submit each notification that 
applies to you according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                      No later than . .
          If you . . .             You must . . .             .                   As specified in . . .
----------------------------------------------------------------------------------------------------------------
1. Start up your affected        Submit an Initial   June 22, 2016, or   Sec.   63.9(b)(2).
 source before December 28,       Notification.       no later than 120
 2015.                                                days after the
                                                      source becomes
                                                      subject to this
                                                      subpart,
                                                      whichever is
                                                      later.
2. Start up your new or          Submit an Initial   120 calendar days   Sec.   63.9(b)(2).
 reconstructed affected source    Notification.       after you become
 on or after December 28, 2015.                       subject to this
                                                      subpart.
3. Are required to conduct a     Submit a            60 calendar days    Sec.   63.7(b)(1).
 performance test.                notification of     before the
                                  intent to conduct   performance test
                                  a performance       is scheduled to
                                  test.               begin.
4. Are required to conduct a     Submit a            60 calendar days    Sec.   63.9(h) and Sec.   63.10(d)(2).
 compliance demonstration that    Notification of     following the
 includes a performance test      Compliance          completion of the
 according to the requirements    Status, including   performance test,
 in Table 4 to this subpart.      the performance     by the close of
                                  test results.       business.
5. Are required to conduct a     Submit a            30 calendar days    Sec.   63.9(h).
 compliance demonstration         Notification of     following the
 required in Table 5 to this      Compliance Status.  completion of the
 subpart that does not include                        compliance
 a performance test (i.e.,                            demonstrations,
 compliance demonstrations for                        by the close of
 the work practice standards).                        business.
6. Request to use the routine    Submit your         120 calendar days   .......................................
 control device maintenance       request.            before the
 alternative standard according                       compliance date
 to Sec.   63.8420(d).                                specified in Sec.
                                                        63.8395.
----------------------------------------------------------------------------------------------------------------


[80 FR 65520, Oct. 26, 2015, as amended at 85 FR 73914, Nov. 19, 2020]



   Sec. Table 9 to Subpart JJJJJ of Part 63--Requirements for Reports

    As stated in Sec.  63.8485, you must submit each report that applies 
to you according to the following table:

[[Page 466]]



------------------------------------------------------------------------
                                    The report must      You must submit
     You must submit . . .           contain . . .      the report . . .
------------------------------------------------------------------------
1. A compliance report........  a. If there are no      Semiannually
                                 deviations from any     according to
                                 emission limitations    the
                                 (emission limits,       requirements in
                                 operating limits)       Sec.
                                 that apply to you, a    63.8485(b).
                                 statement that there
                                 were no deviations
                                 from the emission
                                 limitations during
                                 the reporting period.
                                 If there were no
                                 periods during which
                                 the CMS was out-of-
                                 control as specified
                                 in your OM&M plan, a
                                 statement that there
                                 were no periods
                                 during which the CMS
                                 was out-of-control
                                 during the reporting
                                 period.
                                b. If you have a        Semiannually
                                 deviation from any      according to
                                 emission limitation     the
                                 (emission limit,        requirements in
                                 operating limit)        Sec.
                                 during the reporting    63.8485(b).
                                 period, the report
                                 must contain the
                                 information in Sec.
                                 63.8485(c)(9). If
                                 there were periods
                                 during which the CMS
                                 was out-of-control,
                                 as specified in your
                                 OM&M plan, the report
                                 must contain the
                                 information in Sec.
                                 63.8485(d).
------------------------------------------------------------------------



  Sec. Table 10 to Subpart JJJJJ of Part 63--Applicability of General 
                       Provisions to Subpart JJJJJ

    As stated in Sec.  63.8505, you must comply with the General 
Provisions in Sec. Sec.  63.1 through 63.16 that apply to you according 
to the following table:

----------------------------------------------------------------------------------------------------------------
            Citation                   Subject          Brief description         Applies to subpart JJJJJ?
----------------------------------------------------------------------------------------------------------------
Sec.   63.1....................  Applicability.....  Initial applicability   Yes.
                                                      determination;
                                                      applicability after
                                                      standard established;
                                                      permit requirements;
                                                      extensions,
                                                      notifications.
Sec.   63.2....................  Definitions.......  Definitions for part    Yes.
                                                      63 standards.
Sec.   63.3....................  Units and           Units and               Yes.
                                  Abbreviations.      abbreviations for
                                                      part 63 standards.
Sec.   63.4....................  Prohibited          Compliance date;        Yes.
                                  Activities.         circumvention;
                                                      severability.
Sec.   63.5....................  Construction/       Applicability;          Yes.
                                  Reconstruction.     applications;
                                                      approvals.
Sec.   63.6(a).................  Applicability.....  General Provisions      Yes.
                                                      (GP) apply unless
                                                      compliance extension;
                                                      GP apply to area
                                                      sources that become
                                                      major.
Sec.   63.6(b)(1)-(4)..........  Compliance Dates    Standards apply at      Yes.
                                  for New and         effective date; 3
                                  Reconstructed       years after effective
                                  sources.            date; upon startup;
                                                      10 years after
                                                      construction or
                                                      reconstruction
                                                      commences for section
                                                      112(f).
Sec.   63.6(b)(5)..............  Notification......  Must notify if          Yes.
                                                      commenced
                                                      construction or
                                                      reconstruction after
                                                      proposal.
Sec.   63.6(b)(6)..............  [Reserved]........  ......................  No.
Sec.   63.6(b)(7)..............  Compliance Dates    Area sources that       Yes.
                                  for New and         become major must
                                  Reconstructed       comply with major
                                  Area Sources That   source standards
                                  Become Major.       immediately upon
                                                      becoming major,
                                                      regardless of whether
                                                      required to comply
                                                      when they were area
                                                      sources.
Sec.   63.6(c)(1)-(2)..........  Compliance Dates    Comply according to     Yes.
                                  for Existing        date in subpart,
                                  Sources.            which must be no
                                                      later than 3 years
                                                      after effective date;
                                                      for section 112(f)
                                                      standards, comply
                                                      within 90 calendar
                                                      days of effective
                                                      date unless
                                                      compliance extension.
Sec.   63.6(c)(3)-(4)..........  [Reserved]........  ......................  No.
Sec.   63.6(c)(5)..............  Compliance Dates    Area sources that       Yes.
                                  for Existing Area   become major must
                                  Sources That        comply with major
                                  Become Major.       source standards by
                                                      date indicated in
                                                      subpart or by
                                                      equivalent time
                                                      period (for example,
                                                      3 years).
Sec.   63.6(d).................  [Reserved]........  ......................  No.
Sec.   63.6(e)(1)(i)...........  Operation &         General Duty to         No. See Sec.   63.8420(b) for
                                  Maintenance.        minimize emissions.     general duty requirement.
Sec.   63.6(e)(1)(ii)..........  Operation &         Requirement to correct  No.
                                  Maintenance.        malfunctions ASAP.
Sec.   63.6(e)(1)(iii).........  Operation &         Operation and           Yes.
                                  Maintenance.        maintenance
                                                      requirements
                                                      enforceable
                                                      independent of
                                                      emissions limitations.
Sec.   63.6(e)(2)..............  [Reserved]........  ......................  No.
Sec.   63.6(e)(3)..............  Startup, Shutdown,  Requirement for         No.
                                  and Malfunction     startup, shutdown,
                                  Plan (SSMP).        and malfunction (SSM)
                                                      and SSMP; content of
                                                      SSMP.

[[Page 467]]

 
Sec.   63.6(f)(1)..............  Compliance Except   You must comply with    No.
                                  During SSM.         emission standards at
                                                      all times except
                                                      during SSM.
Sec.   63.6(f)(2)-(3)..........  Methods for         Compliance based on     Yes.
                                  Determining         performance test,
                                  Compliance.         operation and
                                                      maintenance plans,
                                                      records, inspection.
Sec.   63.6(g).................  Alternative         Procedures for getting  Yes.
                                  Standard.           an alternative
                                                      standard.
Sec.   63.6(h).................  Opacity/VE          Requirements for        No, not applicable.
                                  Standards.          opacity and VE
                                                      standards..
Sec.   63.6(i).................  Compliance          Procedures and          Yes.
                                  Extension.          criteria for
                                                      Administrator to
                                                      grant compliance
                                                      extension.
Sec.   63.6(j).................  Presidential        President may exempt    Yes.
                                  Compliance          source category.
                                  Exemption.
Sec.   63.7(a)(1)-(2)..........  Performance Test    Dates for conducting    Yes.
                                  Dates.              initial performance
                                                      testing and other
                                                      compliance
                                                      demonstrations for
                                                      emission limits and
                                                      work practice
                                                      standards; must
                                                      conduct 180 calendar
                                                      days after first
                                                      subject to rule.
Sec.   63.7(a)(3)..............  Section 114         Administrator may       Yes.
                                  Authority.          require a performance
                                                      test under CAA
                                                      section 114 at any
                                                      time.
Sec.   63.7(a)(4)..............  Notification of     Must notify             Yes.
                                  Delay in            Administrator of
                                  Performance         delay in performance
                                  Testing Due To      testing due to force
                                  Force Majeure.      majeure.
Sec.   63.7(b)(1)..............  Notification of     Must notify             Yes.
                                  Performance Test.   Administrator 60
                                                      calendar days before
                                                      the test.
Sec.   63.7(b)(2)..............  Notification of     Must notify             Yes.
                                  Rescheduling.       Administrator 5
                                                      calendar days before
                                                      scheduled date of
                                                      rescheduled date.
Sec.   63.7(c).................  Quality             Requirements; test      Yes.
                                  Assurance(QA)/      plan approval
                                  Test Plan.          procedures;
                                                      performance audit
                                                      requirements;
                                                      internal and external
                                                      QA procedures for
                                                      testing.
Sec.   63.7(d).................  Testing Facilities  Requirements for        Yes.
                                                      testing facilities.
Sec.   63.7(e)(1)..............  Conditions for      Cannot conduct          No, Sec.   63.8445 specifies
                                  Conducting          performance tests       requirements.
                                  Performance Tests.  during SSM; not a
                                                      violation to exceed
                                                      standard during SSM.
Sec.   63.7(e)(2)-(3)..........  Conditions for      Must conduct according  Yes.
                                  Conducting          to subpart and EPA
                                  Performance Tests.  test methods unless
                                                      Administrator
                                                      approves alternative;
                                                      must have at least
                                                      three test runs of at
                                                      least 1 hour each;
                                                      compliance is based
                                                      on arithmetic mean of
                                                      three runs;
                                                      conditions when data
                                                      from an additional
                                                      test run can be used.
Sec.   63.7(e)(4)..............  Testing under       Administrator's         Yes.
                                  Section 114.        authority to require
                                                      testing under section
                                                      114 of the Act.
Sec.   63.7(f).................  Alternative Test    Procedures by which     Yes.
                                  Method.             Administrator can
                                                      grant approval to use
                                                      an alternative test
                                                      method.
Sec.   63.7(g).................  Performance Test    Must include raw data   Yes.
                                  Data Analysis.      in performance test
                                                      report; must submit
                                                      performance test data
                                                      60 calendar days
                                                      after end of test
                                                      with the notification
                                                      of compliance status.
Sec.   63.7(h).................  Waiver of Tests...  Procedures for          Yes.
                                                      Administrator to
                                                      waive performance
                                                      test.
Sec.   63.8(a)(1)..............  Applicability of    Subject to all          Yes.
                                  Monitoring          monitoring
                                  Requirements.       requirements in
                                                      subpart.
Sec.   63.8(a)(2)..............  Performance         Performance             Yes.
                                  Specifications.     Specifications in
                                                      appendix B of 40 CFR
                                                      part 60 apply.
Sec.   63.8(a)(3)..............  [Reserved]........  ......................  No.
Sec.   63.8(a)(4)..............  Monitoring with     Requirements for        No, not applicable.
                                  Flares.             flares in Sec.
                                                      63.11 apply.
Sec.   63.8(b)(1)..............  Monitoring........  Must conduct            Yes.
                                                      monitoring according
                                                      to standard unless
                                                      Administrator
                                                      approves alternative.
Sec.   63.8(b)(2)-(3)..........  Multiple Effluents  Specific requirements   Yes.
                                  and Multiple        for installing and
                                  Monitoring          reporting on
                                  Systems.            monitoring systems.
Sec.   63.8(c)(1)..............  Monitoring System   Maintenance consistent  Yes.
                                  Operation and       with good air
                                  Maintenance.        pollution control
                                                      practices.

[[Page 468]]

 
Sec.   63.8(c)(1)(i)...........  Routine and         Reporting requirements  No.
                                  Predictable SSM.    for SSM when action
                                                      is described in SSMP.
Sec.   63.8(c)(1)(ii)..........  SSM not in SSMP...  Reporting requirements  Yes.
                                                      for SSM when action
                                                      is not described in
                                                      SSMP.
Sec.   63.8(c)(1)(iii).........  Compliance with     How Administrator       No.
                                  Operation and       determines if source
                                  Maintenance         complying with
                                  Requirements.       operation and
                                                      maintenance
                                                      requirements.
Sec.   63.8(c)(2)-(3)..........  Monitoring System   Must install to get     Yes.
                                  Installation.       representative
                                                      emission and
                                                      parameter
                                                      measurements.
Sec.   63.8(c)(4)..............  CMS Requirements..  Requirements for CMS..  No, Sec.   63.8450 specifies
                                                                              requirements.
Sec.   63.8(c)(5)..............  Continuous Opacity  COMS minimum            No, not applicable.
                                  Monitoring System   procedures.
                                  (COMS) Minimum
                                  Procedures.
Sec.   63.8(c)(6)..............  CMS Requirements..  Zero and high level     Yes.
                                                      calibration check
                                                      requirements.
Sec.   63.8(c)(7)-(8)..........  CMS Requirements..  Out-of-control periods  Yes.
Sec.   63.8(d)(1) and (2)......  CMS Quality         Requirements for CMS    Yes.
                                  Control.            quality control.
Sec.   63.8(d)(3)..............  CMS Quality         Written procedures for  No, Sec.   63.8425(b)(9) specifies
                                  Control.            CMS.                    requirements
Sec.   63.8(e).................  CMS Performance     Requirements for CMS    Yes.
                                  Evaluation.         performance
                                                      evaluation.
Sec.   63.8(f)(1)-(5)..........  Alternative         Procedures for          Yes.
                                  Monitoring Method.  Administrator to
                                                      approve alternative
                                                      monitoring.
Sec.   63.8(f)(6)..............  Alternative to      Procedures for          No, not applicable.
                                  Relative Accuracy   Administrator to
                                  Test.               approve alternative
                                                      relative accuracy
                                                      test for continuous
                                                      emissions monitoring
                                                      systems (CEMS).
Sec.   63.8(g).................  Data Reduction....  COMS and CEMS data      No, not applicable.
                                                      reduction
                                                      requirements.
Sec.   63.9(a).................  Notification        Applicability; State    Yes.
                                  Requirements.       delegation.
Sec.   63.9(b).................  Initial             Requirements for
                                  Notifications.      initial notifications.
Sec.   63.9(c).................  Request for         Can request if cannot   Yes.
                                  Compliance          comply by date or if
                                  Extension.          installed BACT/LAER.
Sec.   63.9(d).................  Notification of     For sources that        Yes.
                                  Special             commence construction
                                  Compliance          between proposal and
                                  Requirements for    promulgation and want
                                  New Source.         to comply 3 years
                                                      after effective date.
Sec.   63.9(e).................  Notification of     Notify Administrator    Yes.
                                  Performance Test.   60 calendar days
                                                      prior.
Sec.   63.9(f).................  Notification of VE/ Notify Administrator    No, not applicable.
                                  Opacity Test.       30 calendar days
                                                      prior.
Sec.   63.9(g)(1)..............  Additional          Notification of         Yes.
                                  Notifications       performance
                                  When Using CMS.     evaluation.
Sec.   63.9(g)(2)-(3)..........  Additional          Notification of COMS    No, not applicable.
                                  Notifications       data use;
                                  When Using CMS.     notification that
                                                      relative accuracy
                                                      alternative criterion
                                                      were exceeded.
Sec.   63.9(h).................  Notification of     Contents; submittal     Yes.
                                  Compliance Status.  requirements.
Sec.   63.9(i).................  Adjustment of       Procedures for          Yes.
                                  Submittal           Administrator to
                                  Deadlines.          approve change in
                                                      when notifications
                                                      must be submitted.
Sec.   63.9(j).................  Change in Previous  Must submit within 15   Yes.
                                  Information.        calendar days after
                                                      the change.
Sec.   63.9(k).................  Electronic          Electronic reporting    Yes.
                                  reporting           procedures for
                                  procedures.         notifications per
                                                      Sec.   63.9(j).
Sec.   63.10(a)................  Recordkeeping/      Applicability; general  Yes.
                                  Reporting.          information.
Sec.   63.10(b)(1).............  General             General requirements..  Yes.
                                  Recordkeeping
                                  Requirements.
Sec.   63.10(b)(2)(i)..........  Records Related to  Recordkeeping of        No.
                                  SSM.                occurrence and
                                                      duration of startups
                                                      and shutdowns.

[[Page 469]]

 
Sec.   63.10(b)(2)(ii).........  Records Related to  Recordkeeping of        No. See Sec.   63.8490(c)(2) for
                                  SSM.                failures to meet a      recordkeeping of (1) date, time
                                                      standard.               and duration; (2) listing of
                                                                              affected source or equipment, and
                                                                              an estimate of the volume of each
                                                                              regulated pollutant emitted over
                                                                              the standard; and (3) actions to
                                                                              minimize emissions and correct the
                                                                              failure.
Sec.   63.10(b)(2)(iii)........  Records Related to  Maintenance records...
                                  SSM.
Sec.   63.10(b)(2)(iv)-(v).....  Records Related to  Actions taken to        No.
                                  SSM.                minimize emissions
                                                      during SSM.
Sec.   63.10(b)(2)(vi)-(xii)     CMS Records.......  Records when CMS is     Yes.
 and (xiv).                                           malfunctioning,
                                                      inoperative or out-of-
                                                      control.
Sec.   63.10(b)(2)(xiii).......  Records...........  Records when using
                                                      alternative to
                                                      relative accuracy
                                                      test.
Sec.   63.10(b)(3).............  Records...........  Applicability           Yes.
                                                      Determinations.
Sec.   63.10(c)(1)-(15)........  Records...........  Additional records for  No, Sec.  Sec.   63.8425 and
                                                      CMS.                    63.8490 specify requirements
Sec.   63.10(d)(1) and (2).....
Sec.   63.10(d)(3).............  Reporting Opacity   Requirements for        No, not applicable.
                                  or VE               reporting opacity and
                                  Observations.       VE.
Sec.   63.10(d)(4).............  Progress Reports..  Must submit progress    Yes.
                                                      reports on schedule
                                                      if under compliance
                                                      extension.
Sec.   63.10(d)(5).............  SSM Reports.......  Contents and            No. See Sec.   63.8485(c)(9) for
                                                      submission..            malfunction reporting
                                                                              requirements.
Sec.   63.10(e)(1)-(3).........  Additional CMS      Requirements for CMS    No, Sec.  Sec.   63.8425 and
                                  Reports.            reporting.              63.8485 specify requirements.
Sec.   63.10(e)(4).............  Reporting COMS      Requirements for        No, not applicable.
                                  data.               reporting COMS data
                                                      with performance test
                                                      data.
Sec.   63.10(f)................  Waiver for          Procedures for          Yes.
                                  Recordkeeping/      Administrator to
                                  Reporting.          waive.
Sec.   63.11...................  Flares............  Requirement for flares  No, not applicable.
Sec.   63.12...................  Delegation........  State authority to
                                                      enforce standards.
Sec.   63.13...................  Addresses.........  Addresses for reports,  Yes.
                                                      notifications,
                                                      requests.
Sec.   63.14...................  Incorporation by    Materials incorporated  Yes.
                                  Referenc.           by reference.
Sec.   63.15...................  Availability of     Information             Yes.
                                  Information.        availability;
                                                      confidential
                                                      information.
Sec.   63.16...................  Performance Track   Requirements for        Yes.
                                  Provisions.         Performance Track
                                                      member facilities.
----------------------------------------------------------------------------------------------------------------


[80 FR 65520, Oct. 26, 2015, as amended at 85 FR 73915, Nov. 19, 2020]



 Subpart KKKKK_National Emission Standards for Hazardous Air Pollutants 
                     for Clay Ceramics Manufacturing

    Source: 80 FR 65543, Oct. 26, 2015, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.8530  What is the purpose of this subpart?

    This subpart establishes national emission limitations and work 
practice standards for hazardous air pollutants (HAP) emitted from clay 
ceramics manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations and work practice standards.



Sec.  63.8535  Am I subject to this subpart?

    You are subject to this subpart if you own or operate a clay 
ceramics manufacturing facility that is, is located at, or is part of a 
major source of HAP emissions according to the criteria in paragraphs 
(a) and (b) of this section.
    (a) A clay ceramics manufacturing facility is a plant site that 
manufactures pressed floor tile, pressed wall tile, other pressed tile, 
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing 
facilities typically process clay, shale, and various additives; form 
the processed materials into tile or sanitaryware shapes; and dry and 
fire the ceramic products.

[[Page 470]]

Glazes are applied to many tile and sanitaryware products. A plant site 
that manufactures refractory products, as defined in Sec.  63.9824, or 
brick and structural clay products (BSCP), as defined in Sec.  63.8515, 
is not a clay ceramics manufacturing facility.
    (b) A major source of HAP emissions is any stationary source or 
group of stationary sources within a contiguous area under common 
control that emits or has the potential to emit any single HAP at a rate 
of 9.07 megagrams (10 tons) or more per year or any combination of HAP 
at a rate of 22.68 megagrams (25 tons) or more per year.



Sec.  63.8540  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at a clay ceramics manufacturing facility.
    (b) Each existing, new, or reconstructed ceramic tile roller kiln, 
sanitaryware tunnel kiln, sanitaryware shuttle kiln, ceramic tile glaze 
line using glaze spraying, sanitaryware glaze spray booth, ceramic tile 
spray dryer, and floor tile press dryer is an affected source.
    (c) Process units not subject to the requirements of this subpart 
are listed in paragraphs (c)(1) through (9) of this section.
    (1) Tunnel, roller or shuttle kilns that are used exclusively for 
refiring.
    (2) Tunnel, roller or shuttle kilns that are used exclusively for 
setting glazes on previously fired products.
    (3) Glaze spray operations that are used exclusively with those 
kilns listed in paragraphs (c)(1) and (2) of this section.
    (4) Process units listed in paragraphs (c)(1) through (3) of this 
section that are permitted to, but do not, process first-fire ware, 
until such time as they begin to process first-fire ware.
    (5) Glaze spray operations that on average use wet glazes containing 
less than 0.1 (weight) percent metal HAP (dry weight basis) per spray 
booth over an entire calendar year.
    (6) Raw material processing and handling.
    (7) Wall tile press dryers.
    (8) Sanitaryware ware dryers.
    (9) Sources covered by subparts JJJJJ and SSSSS of this part.
    (d) A source is a new affected source if construction of the 
affected source began after December 18, 2014, and you met the 
applicability criteria at the time you began construction.
    (e) An affected source is reconstructed if you meet the criteria as 
defined in Sec.  63.2.
    (f) An affected source is existing if it is not new or 
reconstructed.



Sec.  63.8545  When do I have to comply with this subpart?

    (a) You must comply with this subpart no later than the compliance 
dates in Table 8 to this subpart.
    (b) You must meet the notification requirements in Sec.  63.8630 
according to the schedule in Sec.  63.8630 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

            Emission Limitations and Work Practice Standards



Sec.  63.8555  What emission limitations and work practice standards
must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.
    (c) You must meet each work practice standard in Table 3 to this 
subpart that applies to you.



Sec.  63.8560  What are my options for meeting the emission limitations
and work practice standards?

    (a) To meet the emission limitations in Tables 1 and 2 to this 
subpart, you must use one or more of the options listed in paragraphs 
(a)(1) and (2) of this section.
    (1) Emissions control system. Use an emissions capture and 
collection system and an air pollution control device (APCD) and 
demonstrate that the resulting emissions meet the emission limits in 
Table 1 to this subpart, and that the capture and collection system and 
APCD meet the applicable operating limits in Table 2 to this subpart.

[[Page 471]]

    (2) Process changes. Use low-HAP raw materials or implement 
manufacturing process changes and demonstrate that the resulting 
emissions or emissions reductions meet the emission limits in Table 1 to 
this subpart.
    (b) To meet the work practice standards for affected sanitaryware 
shuttle kilns, you must comply with the requirements listed in Table 3 
to this subpart.
    (c) To meet the work practice standards for affected sources during 
periods of startup and shutdown, you must comply with the requirements 
listed in Table 3 to this subpart.

                     General Compliance Requirements



Sec.  63.8570  What are my general requirements for complying with this
subpart?

    (a) You must be in compliance with the emission limitations 
(including operating limits) in this subpart at all times, except during 
periods that you are approved for and in compliance with the alternative 
standard for routine control device maintenance as specified in 
paragraph (d) of this section, and except during periods of start-up and 
shutdown, at which time you must comply with the applicable work 
practice standard specified in Table 3 to this subpart.
    (b) At all times, you must operate and maintain any affected source, 
including associated air pollution control equipment and monitoring 
equipment, in a manner consistent with safety and good air pollution 
control practices for minimizing emissions. The general duty to minimize 
emissions does not require you to make any further efforts to reduce 
emissions if levels required by 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. During the period between the compliance date specified for your 
affected source in Sec.  63.8545 and the date upon which continuous 
monitoring systems (CMS) (e.g., continuous parameter monitoring systems) 
have been installed and verified and any applicable operating limits 
have been set, you must maintain a log detailing the operation and 
maintenance of the process and emissions control equipment.
    (c) For each affected source that is subject to the emission limits 
specified in Table 1 to this subpart, you must prepare and implement a 
written operation, maintenance, and monitoring (OM&M) plan according to 
the requirements in Sec.  63.8575.
    (d) If you own or operate an affected source that is subject to the 
emission limits specified in Table 1 to this subpart and must perform 
routine maintenance on the control device for that affected source, you 
may bypass the source control device and continue operating the affected 
source subject to the alternative standard established in this paragraph 
upon approval by the Administrator and provided you satisfy the 
conditions listed in paragraphs (d)(1) through (5) of this section.
    (1) You must request to use the routine control device maintenance 
alternative standard from the Administrator no later than 120 calendar 
days before the compliance date specified in Sec.  63.8545. Your request 
must justify the need for the routine maintenance on the control device 
and the time required to accomplish the maintenance activities, describe 
the maintenance activities and the frequency of the maintenance 
activities, explain why the maintenance cannot be accomplished during 
source shutdowns, provide information stating whether the continued 
operation of the affected source will result in fewer emissions than 
shutting the source down while the maintenance is performed, describe 
how you plan to comply with paragraph (b) of this section during the 
maintenance, and provide any other documentation required by the 
Administrator.
    (2) The routine control device maintenance must not exceed 4 percent 
of the annual operating uptime for each affected source.
    (3) The request for the routine control device maintenance 
alternative

[[Page 472]]

standard, if approved by the Administrator, must be incorporated by 
reference in and attached to the affected source's title V permit.
    (4) You must minimize HAP emissions during the period when the 
affected source is operating and the control device is offline by 
complying with the applicable standard in Table 3 to this subpart.
    (5) You must minimize the time period during which the affected 
source is operating and the control device is offline.
    (e) If you own or operate an affected kiln that is subject to the 
work practice standard specified in Table 3 to this subpart, you must be 
in compliance with that work practice standard at all times, except 
during periods of natural gas curtailment or other periods when natural 
gas is not available.
    (f) You must be in compliance with the provisions of subpart A of 
this part, except as noted in Table 9 to this subpart.



Sec.  63.8575  What do I need to know about operation, maintenance, and
monitoring plans?

    (a) For each affected source that is subject to the emission limits 
specified in Table 1 to this subpart, you must prepare, implement, and 
revise as necessary an OM&M plan that includes the information in 
paragraph (b) of this section. Your OM&M plan must be available for 
inspection by the delegated authority upon request.
    (b) Your OM&M plan must include, as a minimum, the information in 
paragraphs (b)(1) through (13) of this section.
    (1) Each process and APCD to be monitored, the type of monitoring 
device that will be used, and the operating parameters that will be 
monitored.
    (2) A monitoring schedule that specifies the frequency that the 
parameter values will be determined and recorded.
    (3) The limits for each parameter that represent continuous 
compliance with the emission limitations in Sec.  63.8555. The limits 
must be based on values of the monitored parameters recorded during 
performance tests.
    (4) Procedures for the proper operation and routine and long-term 
maintenance of each APCD, including a maintenance and inspection 
schedule that is consistent with the manufacturer's recommendations.
    (5) Procedures for installing 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 APCD).
    (6) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system.
    (7) Continuous monitoring system performance evaluation procedures 
and acceptance criteria (e.g., calibrations).
    (8) Procedures for the proper operation and maintenance of 
monitoring equipment consistent with the requirements in Sec. Sec.  
63.8600 and 63.8(c)(1), (3), (7), and (8).
    (9) Continuous monitoring system data quality assurance procedures 
consistent with the requirements in Sec.  63.8(d)(1) and (2). The owner 
or operator shall keep these written procedures on record for the life 
of the affected source or until the affected source is no longer subject 
to the provisions of this part, to be made available for inspection, 
upon request, by the Administrator. If the performance evaluation plan 
in Sec.  63.8(d)(2) is revised, the owner or operator shall keep 
previous (i.e., superseded) versions of the performance evaluation plan 
on record to be made available for inspection, upon request, by the 
Administrator, for a period of 5 years after each revision to the plan. 
The program of corrective action should be included in the plan required 
under Sec.  63.8(d)(2).
    (10) Continuous monitoring system recordkeeping and reporting 
procedures consistent with the requirements in Sec. Sec.  63.8635 and 
63.8640.
    (11) Procedures for responding to operating parameter deviations, 
including the procedures in paragraphs (b)(11)(i) through (iii) of this 
section.
    (i) Procedures for determining the cause of the operating parameter 
deviation.

[[Page 473]]

    (ii) Actions necessary for correcting the deviation and returning 
the operating parameters to the allowable limits.
    (iii) Procedures for recording the times that the deviation began 
and ended, and corrective actions were initiated and completed.
    (12) Procedures for keeping records to document compliance.
    (13) If you operate an affected source and you plan to take the 
source control device out of service for routine maintenance, as 
specified in Sec.  63.8570(d), the procedures specified in paragraphs 
(b)(13)(i) and (ii) of this section.
    (i) Procedures for minimizing HAP emissions from the affected source 
during periods of routine maintenance of the source control device when 
the affected source is operating and the control device is offline.
    (ii) Procedures for minimizing the duration of any period of routine 
maintenance on the source control device when the affected source is 
operating and the control device is offline.
    (c) Changes to the operating limits in your OM&M plan require a new 
performance test. If you are revising an operating limit parameter 
value, you must meet the requirements in paragraphs (c)(1) and (2) of 
this section.
    (1) Submit a notification of performance test to the Administrator 
as specified in Sec.  63.7(b).
    (2) After completing the performance test to demonstrate that 
compliance with the emission limits can be achieved at the revised 
operating limit parameter value, you must submit the performance test 
results and the revised operating limits as part of the Notification of 
Compliance Status required under Sec.  63.9(h).
    (d) If you are revising the inspection and maintenance procedures in 
your OM&M plan, you do not need to conduct a new performance test.

               Testing and Initial Compliance Requirements



Sec.  63.8585  By what date must I conduct performance tests?

    For each affected source that is subject to the emission limits 
specified in Table 1 to this subpart, you must conduct performance tests 
within 180 calendar days after the compliance date that is specified for 
your source in Sec.  63.8545 and according to the provisions in Sec.  
63.7(a)(2).



Sec.  63.8590  When must I conduct subsequent performance tests?

    (a) For each affected source that is subject to the emission limits 
specified in Table 1 to this subpart, you must conduct a performance 
test before renewing your 40 CFR part 70 operating permit or at least 
every 5 years following the initial performance test.
    (b) You must conduct a performance test when you want to change the 
parameter value for any operating limit specified in your OM&M plan.



Sec.  63.8595  How do I conduct performance tests and establish operating
limits?

    (a) You must conduct each performance test in Table 4 to this 
subpart that applies to you.
    (b) Before conducting the performance test, you must install and 
calibrate all monitoring equipment.
    (c) Each performance test must be conducted according to the 
requirements in Sec.  63.7 and under the specific conditions in Table 4 
to this subpart. Stacks to be tested at sanitaryware manufacturing 
facilities shall be limited to products of combustion (POC) stacks and 
not include cooling stacks.
    (d) Performance tests shall be conducted under such conditions as 
the Administrator specifies to you based on representative performance 
of the affected source for the period being tested. Representative 
conditions exclude periods of startup and shutdown. You may not conduct 
performance tests during periods of malfunction. You 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, you shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (e) You must conduct at least three separate test runs for each 
performance test required in this section, as

[[Page 474]]

specified in Sec.  63.7(e)(3). Each test run must last at least 1 hour.
    (f) You must use the data gathered during the performance test and 
the equations in paragraphs (f)(1) through (4) of this section to 
determine compliance with the emission limitations.
    (1) To determine compliance with the production-based particulate 
matter (PM) and mercury (Hg) emission limits for ceramic tile roller 
kilns and sanitaryware tunnel kilns in Table 1 to this subpart, you must 
calculate your mass emissions per unit of production for each test run 
using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR26OC15.021

Where:

MP = mass per unit of production, kilograms (pounds) of pollutant per 
          megagram (ton) of throughput
ER = mass emission rate of pollutant (PM or Hg) during each performance 
          test run, kilograms (pounds) per hour
P = production rate during each performance test run, megagrams (tons) 
          of throughput per hour.

    (2) To determine compliance with the PM emission limits for ceramic 
tile glaze lines with glaze spraying and sanitaryware glaze spray booths 
in Table 1 to this subpart, you must calculate your mass emissions per 
unit of first-fire glaze sprayed (dry weight basis) for each test run 
using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR26OC15.022

Where:

MG = mass per unit of glaze application, kilograms (pounds) of PM per 
          megagram (ton) of first-fire glaze sprayed (dry weight basis)
ER = mass emission rate of PM during each performance test run, 
          kilograms (pounds) per hour
G = glaze application rate during each performance test run, megagrams 
          (tons) of first-fire glaze sprayed per hour (dry weight 
          basis).

    (3) To determine compliance with the dioxin/furan emission limits 
for tunnel and roller kilns, ceramic tile spray dryers, and floor tile 
press dryers in Table 1 to this subpart, you must calculate the sum of 
the 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD) toxic equivalents 
(TEQs) for each test run using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR26OC15.023

Where:

TEQ = sum of the 2,3,7,8-TCDD TEQs, nanograms per kilogram of throughput 
          processed.
Mi = mass of dioxin or furan congener i during performance 
          test run, nanograms
TEFi = 2,3,7,8-TCDD toxic equivalency factor (TEF) for 
          congener i, as provided in Table 5 to this subpart

[[Page 475]]

n = number of congeners included in TEQ
Tr = time of performance test run, hours
P = production rate during performance test run, kilograms of throughput 
          processed per hour.

    (4) To determine compliance with the health-based standard for acid 
gas HAP for clay ceramics manufacturing facilities in Table 1 to this 
subpart, you must:
    (i) Calculate the HCl-equivalent emissions for HF and HCl for each 
tunnel or roller kiln at your facility using Equation 4:
[GRAPHIC] [TIFF OMITTED] TR26OC15.024

Where:

Ei = HCl-equivalent emissions for kiln i, kilograms (pounds) 
          per hour
EHCl = emissions of HCl, kilograms (pounds) per hour
EHF = emissions of HF, kilograms (pounds) per hour
RfCHCl = reference concentration for HCl, 20 micrograms per 
          cubic meter
RfCHF = reference concentration for HF, 14 micrograms per 
          cubic meter

    (ii) If you have multiple tunnel or roller kilns at your facility, 
sum the HCl-equivalent values for all tunnel or roller kilns at the 
facility using Equation 5:
[GRAPHIC] [TIFF OMITTED] TR26OC15.025

Where:

Etotal = HCl-equivalent emissions for total of all kilns at 
          facility, kilograms (pounds) per hour
Ei = HCl-equivalent emissions for kiln i, kilograms (pounds) 
          per hour
n = number of tunnel kilns at facility

    (iii) Compare this value to the health-based standard in Table 1 to 
this subpart.
    (g) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you as specified in paragraph (g)(1) of 
this section and in Table 4 to this subpart.
    (1)(i) If you do not have an APCD installed on your tunnel or roller 
kiln, you must calculate the maximum potential HCl-equivalent emissions 
for HF and HCl for each tunnel or roller kiln at your facility using 
Equation 6:
[GRAPHIC] [TIFF OMITTED] TR26OC15.026

Where:

Emax i = maximum potential HCl-equivalent emissions for kiln 
          i, kilograms (pounds) per hour
Capi = design capacity for kiln i, megagrams (tons) of 
          throughput per hour
MPiHCl = mass of HCl per unit of production for kiln i, 
          kilograms (pounds) of HCl per megagram (ton) of throughput
MPiHF = mass of HF per unit of production for kiln i, 
          kilograms (pounds) of HF per megagram (ton) of throughput
RfCHCl = reference concentration for HCl, 20 micrograms per 
          cubic meter

[[Page 476]]

RfCHF = reference concentration for HF, 14 micrograms per 
          cubic meter

    (ii) If you have multiple tunnel or roller kilns at your facility, 
sum the maximum potential HCl-equivalent values for all tunnel or roller 
kilns at the facility using Equation 7:
[GRAPHIC] [TIFF OMITTED] TR26OC15.027

Where:

Emax total = maximum potential HCl-equivalent emissions for 
          total of all kilns at facility, kilograms (pounds) per hour
Emax i = maximum potential HCl-equivalent emissions for kiln 
          i, kilograms (pounds) per hour
n = number of kilns at facility

    (iii) If you have a single tunnel or roller kiln at your facility 
and the total facility maximum potential HCl-equivalent emissions 
(Emax total) are greater than the HCl-equivalent limit in 
Table 1 to this subpart, you must determine the maximum process rate for 
the kiln using Equation 8 that would ensure the total facility maximum 
potential HCl-equivalent emissions remain at or below the HCl-equivalent 
limit. The maximum process rate would become your operating limit for 
process rate and must be included in your OM&M plan.
[GRAPHIC] [TIFF OMITTED] TR26OC15.028

Where:

Pmax i = maximum process rate for kiln i, megagrams (tons) 
          per hour
HCl-eq = HCl-equivalent limit in Table 1 to this subpart, 62 kilograms 
          (140 pounds) per hour
MPiHCl = mass of HCl per unit of production for kiln i, 
          kilograms (pounds) of HCl per megagram (ton) of throughput
MPiHF = mass of HF per unit of production for kiln i, 
          kilograms (pounds) of HF per megagram (ton) of throughput
RfCHCl = reference concentration for HCl, 20 micrograms per 
          cubic meter
RfCHF = reference concentration for HF, 14 micrograms per 
          cubic meter

    (iv) If you have multiple tunnel or roller kilns at your facility 
and the total facility maximum potential HCl-equivalent emissions 
(Emax total) are greater than the HCl-equivalent limit in 
Table 1 to this subpart, you must determine the combination of maximum 
process rates that would ensure that total facility maximum potential 
HCl-equivalent remains at or below the HCl-equivalent limit. The maximum 
process rates would become your operating limits for process rate and 
must be included in your OM&M plan.
    (2) [Reserved]
    (h)(1) As an alternative to meeting the requirements of Sec.  
63.8555 for PM or mercury, if you have more than one existing source in 
any subcategories located at your facility, you may demonstrate 
compliance by emissions averaging, if your averaged emissions are no 
higher than the applicable emission limit, according to the procedures 
in this section. You may not include new or reconstructed sources in an 
emissions average.
    (2) For a group of two or more existing sources in the same 
subcategory that each vent to a separate stack, you may average PM or 
mercury emissions among existing units to demonstrate compliance with 
the limits in Table 1

[[Page 477]]

to this subpart as specified in paragraph (h)(2)(i) through (iv) of this 
section, if you satisfy the requirements in paragraphs (h)(3) and (4) of 
this section.
    (i) You may average across existing sources in the same kiln type 
and size category (e.g., roller or tunnel kilns, large or small kilns) 
and the same subcategory (e.g., sanitaryware manual or spray machine or 
robot glaze application) where applicable;
    (ii) You may not include a unit in the emissions average if the unit 
shares a common stack with units in other subcategories;
    (iii) You may not include spray dryers or press dryers in the 
emissions average; and
    (iv) You may not average between different types of pollutants.
    (3) The averaged emissions rate from the existing sources 
participating in the emissions averaging option must not exceed the 
limits in Table 1 to this subpart at all times the affected units are 
subject to numeric emission limits following the compliance date 
specified in Sec.  63.8545.
    (4)(i) You must demonstrate initial compliance using the maximum 
process rate and the results of the initial performance tests.
    (ii) You must use Equation 9 of this section to demonstrate that the 
PM or mercury emissions from all existing units participating in the 
emissions averaging option for that pollutant do not exceed the emission 
limits in Table 1 to this subpart.
[GRAPHIC] [TIFF OMITTED] TR01NO19.003

Where:

ERi = Average weighted emissions for PM or mercury, in units 
          of kilograms (pounds) per megagram (ton) of fired product for 
          existing floor tile roller kilns and wall tile roller kilns, 
          greenware fired for existing first-fired sanitaryware tunnel 
          kilns, and first-fire glaze sprayed (dry weight basis) for 
          existing tile glaze lines with glaze spraying and average 
          weighted emissions for PM, in units of kilograms (pounds) per 
          megagram (ton) of first-fire glaze sprayed (dry weight basis) 
          for existing sanitaryware manual, spray machine, or robot 
          glaze applications.
Ei = Emission rate (as determined during the initial 
          compliance demonstration) of PM or mercury from unit i, in 
          units of kilograms (pounds) per megagram (ton). Determine the 
          emission rate for PM or mercury by performance testing 
          according to Table 4 to this subpart using the applicable 
          equation in paragraph (f) of this section.
Pmax i = Maximum process rate for unit i, in units of 
          megagrams per hour (tons per hour).
n = Number of units participating in the emissions averaging option.

    (5) You must develop and submit upon request to the applicable 
Administrator for review and approval, an implementation plan for 
emissions averaging according to the following procedures and 
requirements in paragraphs (h)(5)(i) through (iv) of this section.
    (i) If requested, you must submit the implementation plan no later 
than 180 days before the date that the facility intends to demonstrate 
compliance using the emissions averaging option.
    (ii) You must include the information contained in paragraphs 
(h)(5)(ii)(A) through (D) of this section in your implementation plan 
for all emission sources included in an emissions average:
    (A) The identification of all existing sources in the averaging 
group, including for each either the applicable HAP emissions level or 
the control technology installed and the date on which you are 
requesting emissions averaging to commence;
    (B) The specific control technology or pollution prevention measure 
to be used for each source in the averaging group and the date of its 
installation or application. If the pollution prevention measure reduces 
or eliminates emissions from multiple sources, the owner or operator 
must identify each source;

[[Page 478]]

    (C) The test plan for the measurement of emissions in accordance 
with the requirements in this section; and
    (D) The operating parameters to be monitored for each control system 
or device consistent with Sec.  63.8555 and Table 2 to this subpart, and 
a description of how the operating limits will be determined.
    (iii) If submitted upon request, the Administrator shall review and 
approve or disapprove the plan according to the following criteria:
    (A) Whether the content of the plan includes all of the information 
specified in paragraph (h)(5)(ii) of this section; and
    (B) Whether the plan presents sufficient information to determine 
that compliance will be achieved and maintained.
    (iv) The applicable Administrator shall not approve an emissions 
averaging implementation plan containing any of the following 
provisions:
    (A) Any averaging between emissions of differing pollutants or 
between differing sources; or
    (B) The inclusion of any emission source other than an existing unit 
in the same subcategories.
    (i) For each affected source that is subject to the emission limits 
specified in Table 1 to this subpart and is equipped with an APCD that 
is not addressed in Table 2 to this subpart or that is using process 
changes as a means of meeting the emission limits in Table 1 to this 
subpart, you must meet the requirements in Sec.  63.8(f) and paragraphs 
(i)(1) and (2) of this section.
    (1) Submit a request for approval of alternative monitoring 
procedures to the Administrator no later than the notification of intent 
to conduct a performance test. The request must contain the information 
specified in paragraphs (i)(1)(i) through (iv) of this section.
    (i) A description of the alternative APCD or process changes.
    (ii) The type of monitoring device or procedure that will be used.
    (iii) The operating parameters that will be monitored.
    (iv) The frequency that the operating parameter values will be 
determined and recorded to establish continuous compliance with the 
operating limits.
    (2) Establish site-specific operating limits during the performance 
test based on the information included in the approved alternative 
monitoring procedures request and, as applicable, as specified in Table 
4 to this subpart.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58606, Nov. 1, 2019]



Sec.  63.8600  What are my monitoring installation, operation, and
maintenance requirements?

    (a) You must install, operate, and maintain each CMS according to 
your OM&M plan and the requirements in paragraphs (a)(1) through (5) of 
this section.
    (1) Conduct a performance evaluation of each CMS according to your 
OM&M plan.
    (2) The CMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. To have a valid hour of data, you must 
have at least three of four equally spaced data values (or at least 75 
percent if you collect more than four data values per hour) for that 
hour (not including startup, shutdown, malfunction, out-of-control 
periods, or periods of routine control device maintenance covered by the 
routine control device maintenance alternative standard as specified in 
Sec.  63.8570(d)).
    (3) Determine and record the 3-hour block averages of all recorded 
readings, calculated after every 3 hours of operation as the average of 
the previous 3 operating hours. To calculate the average for each 3-hour 
average period, you must have at least 75 percent of the recorded 
readings for that period (not including startup, shutdown, malfunction, 
out-of-control periods, or periods of routine control device maintenance 
covered by the routine control device maintenance alternative standard 
as specified in Sec.  63.8570(d)).
    (4) Record the results of each inspection, calibration, and 
validation check.
    (5) At all times, maintain the monitoring equipment including, but 
not limited to, maintaining necessary parts for routine repairs of the 
monitoring equipment.
    (b) For each liquid flow measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5)

[[Page 479]]

and paragraphs (b)(1) through (3) of this section.
    (1) Locate the flow sensor in a position that provides a 
representative flowrate.
    (2) Use a flow sensor with a minimum measurement sensitivity of 2 
percent of the liquid flowrate.
    (3) At least semiannually, conduct a flow sensor calibration check.
    (c) For each pressure measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (c)(1) 
through (7) of this section.
    (1) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a gauge with a minimum measurement sensitivity of 0.5 inch 
of water or a transducer with a minimum measurement sensitivity of 1 
percent of the pressure range.
    (4) Check the pressure tap daily to ensure that it is not plugged.
    (5) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (6) Any time the sensor exceeds the manufacturer's specified maximum 
operating pressure range, conduct calibration checks or install a new 
pressure sensor.
    (7) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (d) For each pH measurement device, you must meet the requirements 
in paragraphs (a)(1) through (5) and paragraphs (d)(1) through (4) of 
this section.
    (1) Locate the pH sensor in a position that provides a 
representative measurement of pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Check the pH meter's calibration at one point daily.
    (4) At least monthly, inspect all components for integrity and all 
electrical connections for continuity.
    (e) For each bag leak detection system, you must meet the 
requirements in paragraphs (e)(1) through (11) of this section.
    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated, and maintained according to the EPA-454/R-98-015, 
``Fabric Filter Bag Leak Detection Guidance,'' (incorporated by 
reference, see Sec.  63.14). Other types of bag leak detection systems 
must be installed, operated, calibrated, and maintained in a manner 
consistent with the manufacturer's written specifications and 
recommendations.
    (2) 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.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system must be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard by plant operating personnel.
    (6) For positive pressure fabric filter systems, a bag leak detector 
must be installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air fabric filters, the bag 
leak detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the ``Fabric 
Filter Bag Leak Detection Guidance,'' (incorporated by reference, see 
Sec.  63.14).
    (10) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points, or alarm delay time may not 
be adjusted

[[Page 480]]

except as detailed in your OM&M plan. In no case may the sensitivity be 
increased by more than 100 percent or decreased more than 50 percent 
over a 365-day period unless such adjustment follows a complete fabric 
filter inspection which demonstrates that the fabric filter is in good 
operating condition, as defined in section 5.2 of the ``Fabric Filter 
Bag Leak Detection Guidance,'' (incorporated by reference, see Sec.  
63.14). Record each adjustment.
    (11) Record the results of each inspection, calibration, and 
validation check.
    (f) For each lime, chemical, or carbon feed rate measurement device, 
you must meet the requirements in paragraphs (a)(1) through (5) and 
paragraphs (f)(1) and (2) of this section.
    (1) Locate the measurement device in a position that provides a 
representative feed rate measurement.
    (2) At least semiannually, conduct a calibration check.
    (g) For each temperature measurement device, you must meet the 
requirements in paragraphs (a)(1) through (5) and paragraphs (g)(1) 
through (3) of this section.
    (1) Locate the measurement device in a position that provides a 
representative temperature.
    (2) Use a measurement device with a minimum sensitivity of 1 percent 
of the temperature being measured.
    (3) At least semiannually, conduct a calibration check.
    (h) Requests for approval of alternate monitoring procedures must 
meet the requirements in Sec. Sec.  63.8595(h) and 63.8(f).



Sec.  63.8605  How do I demonstrate initial compliance with the emission
limitations and work practice standards?

    (a) You must demonstrate initial compliance with each emission 
limitation and work practice standard that applies to you according to 
Table 6 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec.  63.8595 and Table 4 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.8630(c).

[80 FR 65543, Oct. 26, 2015, as amended at 80 FR 75817, Dec. 4, 2015]

                   Continuous Compliance Requirements



Sec.  63.8615  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) You must monitor and collect data according to this section.
    (b) Except for periods of monitor malfunctions, associated repairs, 
and required quality assurance or control activities (including, as 
applicable, calibration checks and required zero and span adjustments), 
you must monitor continuously (or collect data at all required 
intervals) at all times that the affected source is operating. This 
includes periods of startup, shutdown, malfunction, and routine control 
device maintenance as specified in Sec.  63.8570(d) when the affected 
source is operating.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities for purposes of calculating data 
averages. You must use all the valid data collected during all other 
periods in assessing compliance. Any averaging period for which you do 
not have valid monitoring data and such data are required constitutes a 
deviation from the monitoring requirements.



Sec.  63.8620  How do I demonstrate continuous compliance with the emission 
limitations and work practice standards?

    (a) You must demonstrate continuous compliance with each emission 
limit, operating limit, and work practice standard in Tables 1, 2, and 3 
to this subpart that applies to you according to the methods specified 
in Table 7 to this subpart.
    (b) For each affected source that is subject to the emission limits 
specified in Table 1 to this subpart and is equipped with an APCD that 
is not addressed in Table 2 to this subpart, or that is using process 
changes as a means of meeting the emission limits in Table 1 to this 
subpart, you must

[[Page 481]]

demonstrate continuous compliance with each emission limit in Table 1 to 
this subpart, and each operating limit established as required in Sec.  
63.8595(h)(2) according to the methods specified in your approved 
alternative monitoring procedures request, as described in Sec. Sec.  
63.8595(h)(1) and 63.8(f).
    (c) You must report each instance in which you did not meet each 
emission limit and operating limit in this subpart that applies to you. 
These instances are deviations from the emission limitations in this 
subpart. These deviations must be reported according to the requirements 
in Sec.  63.8635(c)(8).
    (d) [Reserved]
    (e)(1) Visible emissions testing. You must demonstrate continuous 
compliance with the operating limits in Table 2 to this subpart for 
visible emissions (VE) from tunnel or roller kilns that are uncontrolled 
or equipped with DIFF, DLS/FF, or other dry control device by monitoring 
VE at each kiln stack according to the requirements in paragraphs 
(e)(1)(i) through (iii) of this section.
    (i) Perform daily VE observations of each kiln stack according to 
the procedures of Method 22 of 40 CFR part 60, appendix A-7. You must 
conduct the Method 22 test while the affected source is operating under 
normal conditions. The duration of each Method 22 test must be at least 
15 minutes.
    (ii) If VE are observed during any daily test conducted using Method 
22 of 40 CFR part 60, appendix A-7, you must promptly initiate and 
complete corrective actions according to your OM&M plan. If no VE are 
observed in 30 consecutive daily Method 22 tests for any kiln stack, you 
may decrease the frequency of Method 22 testing from daily to weekly for 
that kiln stack. If VE are observed during any weekly test, you must 
promptly initiate and complete corrective actions according to your OM&M 
plan, resume Method 22 testing of that kiln stack on a daily basis, and 
maintain that schedule until no VE are observed in 30 consecutive daily 
tests, at which time you may again decrease the frequency of Method 22 
testing to a weekly basis.
    (iii) If VE are observed during any test conducted using Method 22 
of 40 CFR part 60, appendix A-7, you must report these deviations by 
following the requirements in Sec.  63.8635.
    (2) Alternative to VE testing. You must demonstrate continuous 
compliance with the operating limits in Table 2 to this subpart for kiln 
temperature profile for tunnel or roller kilns that are uncontrolled or 
equipped with DIFF, DLS/FF, or other dry control device by maintaining 
the kiln operating temperature within the range of acceptable 
temperatures (i.e., temperature profile) established for each kiln and 
product. For any incidence where the kiln is operating outside of its 
acceptable temperature range (i.e., exceeds its temperature profile) for 
the product being fired, you must record the incident as a deviation, 
and perform the necessary corrective action in accordance with your OM&M 
plan to return the kiln to the acceptable operating temperature for the 
product being fired. To confirm the kiln has returned to the acceptable 
temperature range, you will monitor VE at the kiln stack according to 
the requirements in paragraphs (e)(2)(i) through (iii) of this section.
    (i) Perform VE observations at the stack of each kiln operating 
outside of its temperature profile according to the procedures of Method 
22 of 40 CFR part 60, appendix A-7. The duration of each Method 22 test 
must be at least 15 minutes.
    (ii) If VE are observed during any test conducted using Method 22 of 
40 CFR part 60, appendix A-7, you must continue to perform corrective 
action until VE are no longer observed.
    (iii) If VE are observed during any test conducted using Method 22 
of 40 CFR part 60, appendix A-7, you must report these deviations by 
following the requirements in Sec.  63.8635.
    (f) Following the compliance date, you must demonstrate compliance 
with the emissions averaging provision under this subpart on a 
continuous basis by meeting the requirements of paragraphs (f)(1) 
through (3) of this section.
    (1)(i) After the initial compliance demonstration described in Sec.  
63.8595(h)(4), you must demonstrate compliance on a monthly basis 
determined at the end of every month (12 times per year) according to 
paragraph (f)(1)(ii) of this section. The first

[[Page 482]]

monthly period begins on the compliance date specified in Sec.  63.8545.
    (ii) For each calendar month, you must use Equation 10 of this 
section to calculate the average weighted emission rate for that month.
[GRAPHIC] [TIFF OMITTED] TR01NO19.004

Where:

ERi = Average weighted emissions for PM or mercury, in units 
          of kilograms (pounds) per megagram (ton) of fired product for 
          existing floor tile roller kilns and wall tile roller kilns, 
          greenware fired for existing first-fired sanitaryware tunnel 
          kilns, and first-fire glaze sprayed (dry weight basis) for 
          existing tile glaze lines with glaze spraying and average 
          weighted emissions for PM, in units of kilograms (pounds) per 
          megagram (ton) of first-fire glaze sprayed (dry weight basis) 
          for existing sanitaryware manual, spray machine, or robot 
          glaze applications, for that calendar month.
Ei = Emission rate (as determined during the most recent 
          compliance demonstration) of PM or mercury from unit i, in 
          units of kilograms (pounds) per megagram (ton). Determine the 
          emission rate for PM or mercury by performance testing 
          according to Table 4 to this subpart using the applicable 
          equation in Sec.  63.8595(f).
Pmonth i = The process rate for that calendar month for unit 
          i, in units of megagrams (tons).
n = Number of units participating in the emissions averaging option.

    (2) Until 12 monthly weighted average emission rates have been 
accumulated, calculate and report only the average weighted emission 
rate determined under paragraph (f)(1)(ii) of this section for each 
calendar month. After 12 monthly weighted average emission rates have 
been accumulated, for each subsequent calendar month, use Equation 11 of 
this section to calculate the 12-month rolling average of the monthly 
weighted average emission rates for the current calendar month and the 
previous 11 calendar months.
[GRAPHIC] [TIFF OMITTED] TR01NO19.005

Where:

Eavg = 12-month rolling average emission rate for PM or 
          mercury, in units of kilograms (pounds) per megagram (ton) of 
          fired product for existing floor tile roller kilns and wall 
          tile roller kilns, greenware fired for existing first-fired 
          sanitaryware tunnel kilns, and first-fire glaze sprayed (dry 
          weight basis) for existing tile glaze lines with glaze 
          spraying and average weighted emissions for PM, in units of 
          kilograms (pounds) per megagram (ton) of first-fire glaze 
          sprayed (dry weight basis) for existing sanitaryware manual, 
          spray machine, or robot glaze applications.
ERi = Monthly weighted average, for calendar month ``i,'' in 
          units of kilograms (pounds) per megagram (ton), as calculated 
          by paragraph (f)(1)(ii) of this section.

    (3) For each existing unit participating in the emissions averaging 
option, you must comply with the continuous compliance requirements in 
Table 7 to this subpart.
    (g) Any instance where you fail to comply with the continuous 
monitoring requirements in paragraphs (f)(1) through (3) of this section 
is a deviation.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58607, Nov. 1, 2019]

[[Page 483]]

                   Notifications, Reports, and Records



Sec.  63.8630  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(f)(4), and 63.9 (b) through (e), (g)(1), and (h) that 
apply to you, by the dates specified.
    (b) You must submit all of the notifications specified in Table 9 to 
this subpart that apply to you, by the dates specified.
    (c) If you are required to conduct a performance test or other 
initial compliance demonstration as specified in Tables 4 and 6 to this 
subpart, your Notification of Compliance Status as specified in Table 9 
to this subpart must include the information in paragraphs (c)(1) 
through (4) of this section.
    (1) The requirements in Sec.  63.9(h)(2)(i).
    (2) The operating limit parameter values established for each 
affected source with supporting documentation and a description of the 
procedure used to establish the values.
    (3) For each APCD that includes a fabric filter, if a bag leak 
detection system is used, analysis and supporting documentation 
demonstrating conformance with EPA guidance and specifications for bag 
leak detection systems in Sec.  63.8600(e).
    (4) Identification of whether you plan to demonstrate compliance by 
emissions averaging. If you plan to demonstrate compliance by emissions 
averaging, report the emissions level that was being achieved or the 
control technology employed on December 28, 2015.
    (d) If you own or operate an affected kiln that is subject to the 
work practice standard specified in Item 1 of Table 3 to this subpart, 
and you intend to use a fuel other than natural gas or equivalent to 
fire the affected kiln, your notification of alternative fuel use must 
include the information specified in paragraphs (d)(1) through (5) of 
this section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason you are unable to use natural gas or equivalent fuel, 
including the date when the natural gas curtailment was declared or the 
natural gas supply interruption began.
    (4) Type of alternative fuel that you intend to use.
    (5) Dates when the alternative fuel use is expected to begin and 
end.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58608, Nov. 1, 2019]



Sec.  63.8635  What reports must I submit and when?

    (a) You must submit each report in Table 10 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date in Table 10 to this subpart and as specified in paragraphs 
(b)(1) through (5) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.8545 and ending on either June 30 or December 31. This reporting 
period must be at least 6 months, but less than 12 months. For example, 
if your compliance date is March 1, then the first semiannual reporting 
period would begin on March 1 and end on December 31.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31 for compliance periods ending on June 
30 and December 31, respectively.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31 for compliance periods 
ending on June 30 and December 31, respectively.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of the dates in paragraphs (b)(1) through (4) of this section.

[[Page 484]]

    (c) The compliance report must contain the information in paragraphs 
(c)(1) through (9) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying that, based on information and belief 
formed after reasonable inquiry, the statements and information in the 
report are true, accurate, and complete.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) A description of control device maintenance performed while the 
control device was offline and the affected source controlled by the 
control device was operating, including the information specified in 
paragraphs (c)(4)(i) through (iii) of this section.
    (i) The date and time when the control device was shut down and 
restarted.
    (ii) Identification of the affected source that was operating and 
the number of hours that the affected source operated while the control 
device was offline.
    (iii) A statement of whether or not the control device maintenance 
was included in your approved routine control device maintenance request 
developed as specified in Sec.  63.8570(d). If the control device 
maintenance was included in your approved routine control device 
maintenance request, then you must report the information in paragraphs 
(c)(4)(iii)(A) through (C) of this section.
    (A) The total amount of time that the affected source controlled by 
the control device operated during the current semiannual compliance 
period and during the previous semiannual compliance period.
    (B) The amount of time that each affected source controlled by the 
control device operated while the control device was offline for 
maintenance covered under the routine control device maintenance 
alternative standard during the current semiannual compliance period and 
during the previous semiannual compliance period.
    (C) Based on the information recorded under paragraphs 
(c)(4)(iii)(A) and (B) of this section, compute the annual percent of 
affected source operating uptime during which the control device was 
offline for routine maintenance using Equation 12 of this section.
[GRAPHIC] [TIFF OMITTED] TR01NO19.006

Where:

RM = Annual percentage of affected source uptime during which control 
          device was offline for routine control device maintenance.
DTp = Control device downtime claimed under the routine 
          control device maintenance alternative standard for the 
          previous semiannual compliance period.
DTc = Control device downtime claimed under the routine 
          control device maintenance alternative standard for the 
          current semiannual compliance period.
SUp = Affected source uptime for the previous semiannual 
          compliance period.
SUc = Affected source uptime for the current semiannual 
          compliance period.

    (5) If there are no deviations from any emission limitations 
(emission limits or operating limits) or work practice standards that 
apply to you, the compliance report must contain a statement that there 
were no deviations from the emission limitations or work practice 
standards during the reporting period.
    (6) If there were no periods during which the CMS was out-of-control 
as specified in your OM&M plan, the compliance report must contain a 
statement that there were no periods during which the CMS was out-of-
control during the reporting period.
    (7) The first compliance report must contain the startup production 
rate for each ceramic tile roller kiln, floor tile press dryer, ceramic 
tile spray dryer, and sanitaryware tunnel kiln; the minimum APCD inlet 
temperature for each APCD; and the temperature profile for each ceramic 
tile roller kiln, floor tile

[[Page 485]]

press dryer, ceramic tile spray dryer, and sanitaryware tunnel kiln 
without an APCD.
    (8) For each deviation that occurs at an affected source, report 
such events in the compliance report by including the information in 
paragraphs (c)(8)(i) through (iii) of this section.
    (i) The date, time, and duration of the deviation.
    (ii) A list of the affected sources or equipment for which the 
deviation occurred.
    (iii) 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.
    (9) If you plan to demonstrate compliance by emissions averaging, 
certify the emissions level achieved or the control technology employed 
is no less stringent than the level or control technology contained in 
the notification of compliance status in Sec.  63.8630(c)(4), including 
all necessary documentation to support this certification, such as 
inputs to Equations 9 through 11 of this subpart.
    (d) For each deviation from an emission limitation (emission limit 
or operating limit) occurring at an affected source where you are using 
a CMS to comply with the emission limitations in this subpart, you must 
include the information in paragraphs (c)(1) through (4) and (c)(8), and 
paragraphs (d)(1) through (11) of this section. This includes periods of 
startup, shutdown, and routine control device maintenance.
    (1) The total operating time of each affected source during the 
reporting period.
    (2) The date and time that each CMS was inoperative, except for zero 
(low-level) and high-level checks.
    (3) The date, time, and duration that each CMS was out-of-control, 
including the pertinent information in your OM&M plan.
    (4) Whether each deviation occurred during routine control device 
maintenance covered in your approved routine control device maintenance 
alternative standard or during another period, and the cause of each 
deviation (including unknown cause, if applicable).
    (5) A description of any corrective action taken to return the 
affected unit to its normal or usual manner of operation.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (7) A summary of the total duration of CMS downtime during the 
reporting period and the total duration of CMS downtime as a percent of 
the total source operating time during that reporting period.
    (8) A brief description of the process units.
    (9) A brief description of the CMS.
    (10) The date of the latest CMS certification or audit.
    (11) A description of any changes in CMS, processes, or control 
equipment since the last reporting period.
    (e) If you have obtained a title V operating permit according to 40 
CFR part 70 or 40 CFR part 71, you must report all deviations as defined 
in this subpart in the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a 
compliance report according to Table 8 to this subpart along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all required information concerning deviations from any 
emission limitation (including any operating limit), then submitting the 
compliance report will satisfy any obligation to report the same 
deviations in the semiannual monitoring report. However, submitting a 
compliance report will not otherwise affect any obligation you may have 
to report deviations from permit requirements to the permitting 
authority.
    (f) If you own or operate an affected kiln that is subject to the 
work practice standard specified in Item 1 of Table 3 to this subpart, 
and you use a fuel other than natural gas or equivalent to fire the 
affected kiln, you must submit a report of alternative fuel use within 
10 working days after terminating the use of the alternative fuel.

[[Page 486]]

The report must include the information in paragraphs (f)(1) through (6) 
of this section.
    (1) Company name and address.
    (2) Identification of the affected kiln.
    (3) Reason for using the alternative fuel.
    (4) Type of alternative fuel used to fire the affected kiln.
    (5) Dates that the use of the alternative fuel started and ended.
    (6) Amount of alternative fuel used.
    (g) Within 60 calendar days after the date of completing each 
performance test (as defined in Sec.  63.2) required by this subpart, 
you must submit the results of the performance test 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 website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test, you must submit the results 
of the performance test to the EPA via the Compliance and Emissions Data 
Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA's 
Central Data Exchange (CDX) (https://cdx.epa.gov/).) Performance test 
data must be submitted in a file format generated through the use of the 
EPA's ERT or an alternate electronic file format consistent with the 
extensible markup language (XML) schema listed on the EPA's ERT website. 
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 
website, including information claimed to be CBI, on a compact disc, 
flash drive, or other commonly used electronic storage media to the EPA. 
The electronic media must be clearly marked as CBI and mailed to U.S. 
EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described earlier in this paragraph (g)(1).
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58608, Nov. 1, 2019; 86 
FR 66043, Nov. 19, 2021]



Sec.  63.8640  What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through 
(3) of this section.
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) Records of performance tests as required in Sec.  
63.10(b)(2)(viii).
    (3) Records relating to control device maintenance and documentation 
of your approved routine control device maintenance request, if you 
request to use the alternative standard under Sec.  63.8570(d).
    (b) You must keep the records required in Table 7 to this subpart to 
show continuous compliance with each emission limitation and work 
practice standard that applies to you.
    (c) You must also maintain the records listed in paragraphs (c)(1) 
through (11) of this section.
    (1) For each bag leak detection system, records of each alarm, the 
time of the alarm, the time corrective action was initiated and 
completed, and a brief description of the cause of the alarm and the 
corrective action taken.
    (2) For each deviation, record the information in paragraphs 
(c)(2)(i) through (iv) of this section.
    (i) The date, time, and duration of the deviation.
    (ii) A list of the affected sources or equipment.
    (iii) An estimate of the quantity of each regulated pollutant 
emitted over any emission limit and a description of the method used to 
estimate the emissions.

[[Page 487]]

    (iv) Actions taken to minimize emissions in accordance with Sec.  
63.8570(b) and any corrective actions taken to return the affected unit 
to its normal or usual manner of operation.
    (3) For each affected source, records of production rates on a ton 
throughput processed basis.
    (4) Records for any approved alternative monitoring or test 
procedures.
    (5) Records of maintenance and inspections performed on the APCD.
    (6) Current copies of your OM&M plan, including any revisions, with 
records documenting conformance.
    (7) Logs of the information required in paragraphs (c)(7)(i) through 
(iii) of this section to document proper operation of your sanitaryware 
shuttle kiln.
    (i) Records of the firing time and temperature cycle for each 
sanitaryware shuttle kiln. If all shuttle kilns use the same time and 
temperature cycles, one copy may be maintained for each kiln. Reference 
numbers must be assigned to use in log sheets.
    (ii) For each sanitaryware shuttle kiln, a log that details the time 
and temperature protocol reference number, and an indication of whether 
the appropriate time and temperature cycle was fired.
    (iii) For each sanitaryware shuttle kiln, a log of the actual 
tonnage of greenware fired in the shuttle kiln and an indication of 
whether the tonnage was below the maximum tonnage for that specific 
kiln.
    (8) Logs of the maintenance procedures used to demonstrate 
compliance with the maintenance requirements of the sanitaryware shuttle 
kiln work practice standards specified in Table 3 to this subpart.
    (9) For periods of startup and shutdown, records of the following 
information:
    (i) The date, time, and duration of each startup and/or shutdown 
period, recording the periods when the affected source was subject to 
the standard applicable to startup and shutdown.
    (ii) For periods of startup, the production rate and exhaust 
temperature prior to the time the exhaust reaches the minimum APCD inlet 
temperature (for ceramic tile roller kilns, floor tile press dryers, 
ceramic tile spray dryers, and sanitaryware tunnel kilns with an APCD) 
or the temperature profile is attained (for ceramic tile roller kilns, 
floor tile press dryers, ceramic tile spray dryers, and sanitaryware 
tunnel kilns with no APCD).
    (iii) For periods of shutdown, the production rate and exhaust 
temperature after the time the exhaust falls below the minimum APCD 
inlet temperature (for ceramic tile roller kilns, floor tile press 
dryers, ceramic tile spray dryers, and sanitaryware tunnel kilns with an 
APCD) or the temperature profile is no longer maintained (for ceramic 
tile roller kilns, floor tile press dryers, ceramic tile spray dryers, 
and sanitaryware tunnel kilns with no APCD).
    (10) All site-specific parameters, temperature profiles, and 
procedures required to be established or developed according to the 
applicable work practice standards in Table 3 to this subpart.
    (11) If you elect to average emissions consistent with Sec.  
63.8595(h), you must additionally keep a copy of the emissions averaging 
implementation plan required in Sec.  63.8595(h)(5), all calculations 
required under Sec.  63.8595(h), including monthly records of process 
rate, as applicable, and monitoring records consistent with Sec.  
63.8620(f).

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58609, Nov. 1, 2019]



Sec.  63.8645  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record onsite for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You may keep the 
records offsite for the remaining 3 years.

[[Page 488]]

                   Other Requirements and Information



Sec.  63.8655  What parts of the General Provisions apply to me?

    Table 11 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.16 apply to you.



Sec.  63.8660  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
EPA, or a delegated authority such as your state, local, or tribal 
agency. If the U.S. EPA Administrator has delegated authority to your 
state, local, or tribal agency, then that agency, in addition to the 
U.S. EPA, has the authority to implement and enforce this subpart. You 
should contact your U.S. EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to your 
state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of the U.S. EPA and are not 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 (6) of 
this section.
    (1) Approval of alternatives to the applicability requirements in 
Sec. Sec.  63.8535 and 63.8540, the compliance date requirements in 
Sec.  63.8545, and the non-opacity emission limitations in Sec.  
63.8555.
    (2) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.
    (6) Approval of a routine control device maintenance request under 
Sec.  63.8570(d).



Sec.  63.8665  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec.  63.2, and in this section as follows:
    Air pollution control device (APCD) means any equipment that reduces 
the quantity of a pollutant that is emitted to the air.
    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a fabric filter in order to 
detect bag failures. A bag leak detection system includes, but is not 
limited to, an instrument that operates on triboelectric, light-
scattering, light-transmittance, or other effects to monitor relative PM 
loadings.
    Clay ceramics manufacturing facility means a plant site that 
manufactures pressed floor tile, pressed wall tile, other pressed tile, 
or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing 
facilities typically process clay, shale, and various additives, form 
the processed materials into tile or sanitaryware shapes, and dry and 
fire the ceramic products. Glazes are applied to many tile and 
sanitaryware products. A plant site that manufactures refractory 
products, as defined in Sec.  63.9824, or brick and structural clay 
products (BSCP), as defined in Sec.  63.8515, is not a clay ceramics 
manufacturing facility.
    Cooling stack means a stack (release point) installed on the cooling 
zone of a tunnel kiln to release air used to cool down the fired product 
from its maximum temperature to room temperature. A cooling stack does 
not release any air from the firing zone of the tunnel kiln.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit) or work practice standard; or
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart for any affected source 
required to obtain such a permit.

[[Page 489]]

    Dioxin/furan means, for purposes of this subpart, the sum of the 
2,3,7,8-TCDD toxic equivalents calculated using Equation 3 of this 
subpart.
    Dry lime injection fabric filter (DIFF) means an APCD that includes 
continuous injection of hydrated lime or other sorbent into a duct or 
reaction chamber followed by a fabric filter.
    Dry lime scrubber/fabric filter (DLS/FF) means an APCD that includes 
continuous injection of humidified hydrated lime or other sorbent into a 
reaction chamber followed by a fabric filter. These systems typically 
include recirculation of some of the sorbent.
    Emission limitation means any emission limit or operating limit.
    Emissions averaging sources means, for purposes of the emissions 
averaging provisions of Sec.  63.8595(h), the collection of all existing 
ceramic tile roller kilns, sanitaryware tunnel kilns, ceramic tile glaze 
lines using glaze spraying, and sanitaryware glaze spray booths, within 
a kiln type and size category and within a subcategory.
    Fabric filter means an APCD used to capture PM by filtering a gas 
stream through filter media; also known as a baghouse.
    Fired product means clay ceramic or sanitaryware products that have 
gone through the firing process via kilns.
    Glaze means a coating of colored, opaque, or transparent material 
applied to ceramic products before firing.
    Glaze line means a production line for glazing ceramic products, 
which includes glaze spraying (typically comprised of one or more glaze 
spray booths) and other types of glazing operations (e.g., dipping, 
flooding, centrifugal disc glazing, curtain coating).
    Glaze spray booth means a type of equipment used for spraying glaze 
on ceramic products.
    Glaze spray operation means any type of glaze application that uses 
glaze spraying, including glaze lines and glaze spray booths.
    Greenware means clay ceramic or sanitaryware products that have not 
gone through the firing process via kilns.
    Initial startup means the time at which the kiln first reaches a 
level of production that is equal to 75 percent of the kiln design 
capacity or 12 months after the affected source begins firing clay 
ceramics, whichever is earlier.
    Kiln design capacity means the maximum amount of clay ceramics, in 
Mg (tons), that a kiln is designed to produce in one year divided by the 
number of hours in a year (8,760 hours), taking into account the void 
space in the product, the push rate for the kiln, and the stacking 
pattern, if applicable. If a kiln is modified to increase the capacity, 
the design capacity is considered to be the capacity following 
modifications.
    Minimum APCD inlet temperature means the minimum temperature that 
kiln exhaust can be vented to the APCD that ensures the long-term 
integrity of the APCD.
    Particulate matter (PM) means, for purposes of this subpart, 
emissions of filterable PM that serve as a measure of total particulate 
emissions, as measured by Method 5 (40 CFR part 60, appendix A-3) or 
Method 29 (40 CFR part 60, appendix A-8), and as a surrogate for non-
mercury metal HAP contained in the particulates including, but not 
limited to, antimony, arsenic, beryllium, cadmium, chromium, cobalt, 
lead, manganese, nickel, and selenium.
    Period of natural gas curtailment or supply interruption means a 
period of time during which the supply of natural gas to an affected 
facility is halted for reasons beyond the control of the facility. An 
increase in the cost or unit price of natural gas does not constitute a 
period of natural gas curtailment or supply interruption.
    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.
    Products of combustion (POC) stack means a stack (release point) 
installed on the front end of the firing zone of a tunnel kiln to 
release air used to heat the greenware from room temperature to its 
maximum temperature.
    Responsible official means responsible official as defined in 40 CFR 
70.2.

[[Page 490]]

    Roller kiln means a continuous kiln similar to a tunnel kiln except 
that the unfired ceramic product travels through the kiln in a single 
layer on rollers. In the clay ceramics source category, roller kilns are 
used at ceramic tile manufacturing plants.
    Shuttle kiln means a batch firing kiln that is designed with a 
removable superstructure that is tilted or raised using hydraulic struts 
to allow entrance and egress. In the clay ceramics source category, 
shuttle kilns are used at sanitaryware manufacturing plants.
    Spray dryer means a drying chamber used to form a free-flowing 
powder from a slurry of ceramic mix and water, to improve handling and 
compaction. In the clay ceramics source category, spray dryers are used 
at ceramic tile manufacturing plants.
    Startup means the setting in operation of an affected source and 
starting the production process.
    Startup production rate means the kiln, press dryer or spray dryer 
production rate required to bring the process unit to the proper 
operating temperature during startup.
    Tunnel kiln means any continuous kiln that is not a roller kiln that 
is used to fire clay ceramics. In the clay ceramics source category, 
tunnel kilns are used at sanitaryware manufacturing plants.
    Wet scrubber (WS) means an APCD that uses water, which may include 
caustic additives or other chemicals, as the sorbent. Wet scrubbers may 
use any of various design mechanisms to increase the contact between 
exhaust gases and the sorbent.
    Work practice standard means any design, equipment, work practice, 
operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

[80 FR 65543, Oct. 26, 2015, as amended at 84 FR 58609, Nov. 1, 2019]
    Tables to Subpart KKKKK of Part 63



        Sec. Table 1 to Subpart KKKKK of Part 63--Emission Limits

          Table 1 to Subpart KKKKK of Part 63--Emission Limits
  As stated in Sec.   63.8555, you must meet each emission limit in the
                  following table that applies to you:
------------------------------------------------------------------------
                                    You must meet the following emission
          For each . . .                        limits . . .
------------------------------------------------------------------------
1. Collection of all tunnel or      HF and HCl emissions must not exceed
 roller kilns at facility.           62 kilograms per hour (kg/hr) (140
                                     pounds per hour (lb/hr)) HCl
                                     equivalent, under the health-based
                                     standard, as determined using
                                     Equations 4 and 5 of this subpart.
2. Existing floor tile roller kiln  a. PM emissions must not exceed
                                     0.063 kilogram per megagram (kg/Mg)
                                     (0.13 pound per ton (lb/ton)) of
                                     fired product.
                                    b. Hg emissions must not exceed 6.3
                                     E-05 kg/Mg (1.3 E-04 lb/ton) of
                                     fired product.
                                    c. Dioxin/furan emissions must not
                                     exceed 2.8 nanograms per kilogram
                                     (ng/kg) of fired product.
3. Existing wall tile roller kiln.  a. PM emissions must not exceed 0.19
                                     kg/Mg (0.37 lb/ton) of fired
                                     product.
                                    b. Hg emissions must not exceed 1.1
                                     E-04 kg/Mg (2.1 E-04 lb/ton) of
                                     fired product.
                                    c. Dioxin/furan emissions must not
                                     exceed 0.22 ng/kg of fired product.
4. Existing first-fire              a. PM emissions must not exceed 0.17
 sanitaryware tunnel kiln.           kg/Mg (0.34 lb/ton) of greenware
                                     fired.
                                    b. Hg emissions must not exceed 1.3
                                     E-04 kg/Mg (2.6 E-04 lb/ton) of
                                     greenware fired.
                                    c. Dioxin/furan emissions must not
                                     exceed 3.3 ng/kg of greenware
                                     fired.
5. Existing tile glaze line with    a. PM emissions must not exceed 0.93
 glaze spraying.                     kg/Mg (1.9 lb/ton) of first-fire
                                     glaze sprayed (dry weight basis).
                                    b. Hg emissions must not exceed 8.0
                                     E-05 kg/Mg (1.6 E-04 lb/ton) of
                                     first-fire glaze sprayed (dry
                                     weight basis).
6. Existing sanitaryware manual     PM emissions must not exceed 18 kg/
 glaze application.                  Mg (35 lb/ton) of first-fire glaze
                                     sprayed (dry weight basis).
7. Existing sanitaryware spray      PM emissions must not exceed 6.2 kg/
 machine glaze application.          Mg (13 lb/ton) of first-fire glaze
                                     sprayed (dry weight basis).
8. Existing sanitaryware robot      PM emissions must not exceed 4.5 kg/
 glaze application.                  Mg (8.9 lb/ton) of first-fire glaze
                                     sprayed (dry weight basis).
9. Existing floor tile spray dryer  Dioxin/furan emissions must not
                                     exceed 19 ng/kg of throughput
                                     processed.
10. Existing wall tile spray dryer  Dioxin/furan emissions must not
                                     exceed 0.058 ng/kg of throughput
                                     processed.
11. Existing floor tile press       Dioxin/furan emissions must not
 dryer.                              exceed 0.024 ng/kg of throughput
                                     processed.
12. New or reconstructed floor      a. PM emissions must not exceed
 tile roller kiln.                   0.019 kg/Mg (0.037 lb/ton) of fired
                                     product.
                                    b. Hg emissions must not exceed 2.0
                                     E-05 kg/Mg (3.9 E-05 lb/ton) of
                                     fired product.
                                    c. Dioxin/furan emissions must not
                                     exceed 1.3 ng/kg of fired product.

[[Page 491]]

 
13. New or reconstructed wall tile  a. PM emissions must not exceed 0.19
 roller kiln.                        kg/Mg (0.37 lb/ton) of fired
                                     product.
                                    b. Hg emissions must not exceed 1.1
                                     E-04 kg/Mg (2.1 E-04 lb/ton) of
                                     fired product.
                                    c. Dioxin/furan emissions must not
                                     exceed 0.22 ng/kg of fired product.
14. New or reconstructed first-     a. PM emissions must not exceed
 fire sanitaryware tunnel kiln.      0.048 kg/Mg (0.095 lb/ton) of
                                     greenware fired.
                                    b. Hg emissions must not exceed 6.1
                                     E-05 kg/Mg (1.3 E-04 lb/ton) of
                                     greenware fired.
                                    c. Dioxin/furan emissions must not
                                     exceed 0.99 ng/kg of greenware
                                     fired.
15. New or reconstructed tile       a. PM emissions must not exceed 0.31
 glaze line with glaze spraying.     kg/Mg (0.61 lb/ton) of first-fire
                                     glaze sprayed (dry weight basis).
                                    b. Hg emissions must not exceed 8.0
                                     E-05 kg/Mg (1.6 E-04 lb/ton) of
                                     first-fire glaze sprayed (dry
                                     weight basis).
16. New or reconstructed            PM emissions must not exceed 2.0 kg/
 sanitaryware manual glaze           Mg (3.9 lb/ton) of first-fire glaze
 application.                        sprayed (dry weight basis).
17. New or reconstructed            PM emissions must not exceed 1.6 kg/
 sanitaryware spray machine glaze    Mg (3.2 lb/ton) of first-fire glaze
 application.                        sprayed (dry weight basis).
18. New or reconstructed            PM emissions must not exceed 1.2 kg/
 sanitaryware robot glaze            Mg (2.3 lb/ton) of first-fire glaze
 application.                        sprayed (dry weight basis).
19. New or reconstructed floor      Dioxin/furan emissions must not
 tile spray dryer.                   exceed 0.071 ng/kg of throughput
                                     processed.
20. New or reconstructed wall tile  Dioxin/furan emissions must not
 spray dryer.                        exceed 0.058 ng/kg of throughput
                                     processed.
21. New or reconstructed floor      Dioxin/furan emissions must not
 tile press dryer.                   exceed 0.024 ng/kg of throughput
                                     processed.
22. Collection of emissions         PM emissions must not exceed the
 averaging sources.                  applicable emission limit, under
                                     the emissions averaging option, as
                                     determined using Equations 9
                                     through 11 of this subpart.
23. Collection of emissions         Hg emissions must not exceed the
 averaging sources.                  applicable emission limit, under
                                     the emissions averaging option, as
                                     determined using Equations 9
                                     through 11 of this subpart.
------------------------------------------------------------------------


[84 FR 58609, Nov. 1, 2019]



       Sec. Table 2 to Subpart KKKKK of Part 63--Operating Limits

          Table 2 to Subpart KKKKK of Part 63--Operating Limits
 As stated in Sec.   63.8555, you must meet each operating limit in the
                  following table that applies to you:
------------------------------------------------------------------------
       For each . . .            You must . . .       Or you must . . .
------------------------------------------------------------------------
1. Tunnel or roller kiln      a. If you use a bag   i. Maintain no VE
 equipped with a DIFF or DLS/  leak detection        from the DIFF or
 FF..                          system, initiate      DLS/FF stack; or
                               corrective action    ii. Maintain your
                               within 1 hour of a    kiln operating
                               bag leak detection    temperature within
                               system alarm and      the range of
                               complete corrective   acceptable
                               actions in            temperatures (i.e.,
                               accordance with       temperature
                               your OM&M plan;       profile)
                               operate and           established for
                               maintain the fabric   each kiln and
                               filter such that      product.
                               the alarm is not
                               engaged for more
                               than 5 percent of
                               the total operating
                               time in a 6-month
                               block reporting
                               period; and
                              b. Maintain free-
                               flowing lime in the
                               feed hopper or silo
                               and to the APCD at
                               all times for
                               continuous
                               injection systems;
                               maintain the feeder
                               setting (on a per
                               ton of throughput
                               basis) at or above
                               the level
                               established during
                               the performance
                               test for continuous
                               injection systems
                               in which compliance
                               was demonstrated..
2. Tunnel or roller kiln      a. Maintain the
 equipped with a WS..          average scrubber
                               liquid pH for each
                               3-hour block period
                               at or above the
                               average scrubber
                               liquid pH
                               established during
                               the HF/HCl
                               performance test in
                               which compliance
                               was demonstrated;
                               and
                              b. Maintain the
                               average scrubber
                               liquid flow rate
                               for each 3-hour
                               block period at or
                               above the highest
                               average scrubber
                               liquid flow rate
                               established during
                               the HF/HCl and PM
                               performance tests
                               in which compliance
                               was demonstrated..

[[Page 492]]

 
3. Tunnel or roller kiln      Maintain the 3-hour
 equipped with an ACI          block average
 system..                      carbon flow rate at
                               or above the
                               highest average
                               carbon flow rate
                               established during
                               the Hg and dioxin/
                               furan performance
                               tests in which
                               compliance was
                               demonstrated.
4. Tunnel or roller kiln      Maintain the average
 intending to comply with      operating
 dioxin/furan emission limit   temperature for
 without an ACI system.        each 12-hour block
                               period at or below
                               the highest
                               operating
                               temperature
                               established during
                               the dioxin/furan
                               performance test in
                               which compliance
                               was demonstrated
5. Tunnel or roller kiln      a. Maintain no VE     i. Maintain your
 with no add-on control.       from the stack; and   kiln operating
                              b. Maintain the kiln   temperature within
                               process rate at or    the range of
                               below the kiln        acceptable
                               process rate          temperatures (i.e.,
                               determined            temperature
                               according to Sec.     profile)
                               63.8595(g)(1) if      established for
                               your total facility   each kiln and
                               maximum potential     product.
                               HCl-equivalent
                               emissions are
                               greater than the
                               HCl-equivalent
                               limit in Table 1 to
                               this subpart; and.
                              c. Maintain the
                               average operating
                               temperature for
                               each 12-hour block
                               period at or below
                               the highest
                               operating
                               temperature
                               established during
                               the dioxin/furan
                               performance test in
                               which compliance
                               was demonstrated..
6. Glaze spray operation      a. If you use a bag   i. Maintain no VE
 equipped with a FF.           leak detection        from the FF stack.
                               system, initiate
                               corrective action
                               within 1 hour of a
                               bag leak detection
                               system alarm and
                               complete corrective
                               actions in
                               accordance with
                               your OM&M plan;
                               operate and
                               maintain the fabric
                               filter such that
                               the alarm is not
                               engaged for more
                               than 5 percent of
                               the total operating
                               time in a 6-month
                               block reporting
                               period.
7. Glaze spray operation      a. Maintain the
 equipped with a WS..          average scrubber
                               pressure drop for
                               each 3-hour block
                               period at or above
                               the average
                               pressure drop
                               established during
                               the PM performance
                               test in which
                               compliance was
                               demonstrated; and
                              b. Maintain the
                               average scrubber
                               liquid flow rate
                               for each 3-hour
                               block period at or
                               above the average
                               scrubber liquid
                               flow rate
                               established during
                               the PM performance
                               test in which
                               compliance was
                               demonstrated..
8. Glaze spray operation      a. Conduct daily
 equipped with a water         inspections to
 curtain..                     verify the presence
                               of water flow to
                               the wet control
                               system; and
                              b. Conduct annual
                               inspections of the
                               interior of the
                               control equipment
                               (if applicable) to
                               determine the
                               structural
                               integrity and
                               condition of the
                               control equipment..
9. Glaze spray operation      Conduct an annual
 equipped with baffles.        visual inspection
                               of the baffles to
                               confirm the baffles
                               are in place.
10. Spray dryer.............  Maintain the average
                               operating
                               temperature for
                               each 4-hour block
                               period at or above
                               the average
                               temperature
                               established during
                               the dioxin/furan
                               performance test in
                               which compliance
                               was demonstrated.
11. Floor tile press dryer..  Maintain the average
                               operating
                               temperature for
                               each 4-hour block
                               period at or below
                               the average
                               temperature
                               established during
                               the dioxin/furan
                               performance test in
                               which compliance
                               was demonstrated.
------------------------------------------------------------------------


[86 FR 66043, Nov. 19, 2021]



    Sec. Table 3 to Subpart KKKKK of Part 63--Work Practice Standards

    As stated in Sec.  63.8555, you must comply with each work practice 
standard in the following table that applies to you:

[[Page 493]]



------------------------------------------------------------------------
                                                    According to one of
        For each . . .            You must . . .       the following
                                                     requirements . . .
------------------------------------------------------------------------
1. Existing, new, or            a. Minimize HAP    i. Use natural gas,
 reconstructed sanitaryware      emissions.         or equivalent, as
 shuttle kiln.                                      the kiln fuel,
                                                    except during
                                                    periods of natural
                                                    gas curtailment or
                                                    supply interruption,
                                                    as defined in Sec.
                                                    63.8665; and
                                                   ii. Develop and use a
                                                    designed firing time
                                                    and temperature
                                                    cycle for each
                                                    sanitaryware shuttle
                                                    kiln. You must
                                                    either program the
                                                    time and temperature
                                                    cycle into your kiln
                                                    or track each step
                                                    on a log sheet; and
                                                   iii. Label each
                                                    sanitaryware shuttle
                                                    kiln with the
                                                    maximum load (in
                                                    tons) of greenware
                                                    that can be fired in
                                                    the kiln during a
                                                    single firing cycle;
                                                    and
                                                   iv. For each firing
                                                    load, document the
                                                    total tonnage of
                                                    greenware placed in
                                                    the kiln to ensure
                                                    that it is not
                                                    greater than the
                                                    maximum load
                                                    identified in item
                                                    1.a.iii; and
                                                   v. Develop and follow
                                                    maintenance
                                                    procedures for each
                                                    kiln that, at a
                                                    minimum, specify the
                                                    frequency of
                                                    inspection and
                                                    maintenance of
                                                    temperature
                                                    monitoring devices,
                                                    controls that
                                                    regulate air-to-fuel
                                                    ratios, and controls
                                                    that regulate firing
                                                    cycles; and
                                                   vi. Develop and
                                                    maintain records for
                                                    each sanitaryware
                                                    shuttle kiln, as
                                                    specified in Sec.
                                                    63.8640.
2. Existing, new or             a. Minimize HAP    i. Establish the
 reconstructed ceramic tile      emissions.         startup production
 roller kiln, sanitaryware                          rate for each kiln
 tunnel kiln, floor tile press                      or dryer; the
 dryer or ceramic tile spray                        minimum APCD inlet
 dryer during periods of                            temperature for each
 startup.                                           APCD; and
                                                    temperature profile
                                                    for each kiln or
                                                    dryer with no APCD
                                                    and include them in
                                                    your first
                                                    compliance report,
                                                    as specified in Sec.
                                                      63.8635(c)(7); and
                                                   ii. After initial
                                                    loading of the kiln
                                                    or dryer, remain at
                                                    or below the startup
                                                    production rate for
                                                    the kiln or dryer
                                                    until the kiln or
                                                    dryer exhaust
                                                    reaches the minimum
                                                    APCD inlet
                                                    temperature for a
                                                    kiln or dryer with
                                                    an APCD or until the
                                                    kiln or dryer
                                                    temperature profile
                                                    is attained for a
                                                    kiln or dryer with
                                                    no APCD; and
                                                   iii. If your kiln or
                                                    dryer has an APCD,
                                                    begin venting the
                                                    exhaust from the
                                                    kiln or dryer
                                                    through the APCD by
                                                    the time the kiln or
                                                    dryer exhaust
                                                    temperature reaches
                                                    the minimum APCD
                                                    inlet temperature.
3. Existing, new or             a. Minimize HAP    i. Do not load the
 reconstructed ceramic tile      emissions.         kiln or dryer once
 roller kiln, sanitaryware                          the kiln or dryer
 tunnel kiln, floor tile press                      exhaust temperature
 dryer or ceramic tile spray                        falls below the
 dryer during periods of                            minimum APCD inlet
 shutdown.                                          temperature if the
                                                    kiln or dryer is
                                                    controlled by an
                                                    APCD or when the
                                                    kiln or dryer
                                                    temperature profile
                                                    is no longer
                                                    maintained for an
                                                    uncontrolled kiln or
                                                    dryer; and
                                                   ii. If your kiln or
                                                    dryer has an APCD,
                                                    continue to vent the
                                                    exhaust from the
                                                    kiln or dryer
                                                    through the APCD
                                                    until the kiln or
                                                    dryer exhaust
                                                    temperature falls
                                                    below the minimum
                                                    inlet temperature
                                                    for the APCD.
4. Existing, new or             a. Minimize HAP    i. Develop and use a
 reconstructed ceramic tile      emissions.         temperature profile
 roller kiln, sanitaryware                          for each kiln or
 tunnel kiln, floor tile press                      dryer; and
 dryer or ceramic tile spray                       ii. Develop and
 dryer during periods of                            follow maintenance
 routine control device                             procedures for each
 maintenance.                                       kiln that, at a
                                                    minimum, specify the
                                                    frequency of
                                                    inspection and
                                                    maintenance of
                                                    temperature
                                                    monitoring devices
                                                    and controls that
                                                    regulate air-to-fuel
                                                    ratios; and
                                                   iii. Develop and
                                                    maintain records for
                                                    each kiln or dryer,
                                                    as specified in Sec.
                                                      63.8640(a)(3).
------------------------------------------------------------------------



 Sec. Table 4 to Subpart KKKKK of Part 63--Requirements for Performance 
                                  Tests

                     Table 4 to Subpart KKKKK of Part 63--Requirements for Performance Tests
 As stated in Sec.   63.8595, you must conduct each performance test in the following table that applies to you:
----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
           For each . . .                You must . . .            Using . . .            requirements . . .
----------------------------------------------------------------------------------------------------------------
1. Tunnel or roller kiln...........  a. Select locations of  Method 1 or 1A of 40    Sampling sites must be
                                      sampling ports and      CFR part 60, appendix   located at the outlet of
                                      the number of           A-1.                    the APCD and prior to any
                                      traverse points.                                releases to the atmosphere
                                                                                      for all affected sources.
                                     b. Determine            Method 2 of 40 CFR      You may use Method 2A, 2C,
                                      velocities and          part 60, appendix A-1.  2D, or 2F of 40 CFR part
                                      volumetric flow rate.                           60, appendix A-1, or
                                                                                      Method 2G of 40 CFR part
                                                                                      60, appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 2 of 40 CFR part
                                                                                      60, appendix A-1.

[[Page 494]]

 
                                     c. Conduct gas          Method 3 of 40 CFR      You may use Method 3A or 3B
                                      molecular weight        part 60, appendix A-2.  of 40 CFR part 60,
                                      analysis.                                       appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 3 of 40 CFR part
                                                                                      60, appendix A-2. ANSI/
                                                                                      ASME PTC 19.10-1981
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to the manual
                                                                                      procedures (but not the
                                                                                      instrumental procedures)
                                                                                      in Methods 3A and 3B.
                                     d. Measure moisture     Method 4 of 40 CFR
                                      content of the stack    part 60, appendix A-3.
                                      gas.
                                     e. Measure HF and HCl   i. Method 26A of 40     You may use Method 26 of 40
                                      emissions.              CFR part 60, appendix   CFR part 60, appendix A-8,
                                                              A-8; or                 as an alternative to using
                                                                                      Method 26A of 40 CFR part
                                                                                      60, appendix A-8, when no
                                                                                      acid PM (e.g., HF or HCl
                                                                                      dissolved in water
                                                                                      droplets emitted by
                                                                                      sources controlled by a
                                                                                      WS) is present. ASTM D6735-
                                                                                      01 (Reapproved 2009)
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to Methods 26
                                                                                      and 26A.
                                                             ii. Method 320 of       When using Method 320 of
                                                              appendix A of this      appendix A of this part,
                                                              part.                   you must follow the
                                                                                      analyte spiking procedures
                                                                                      of section 13 of Method
                                                                                      320 of appendix A of this
                                                                                      part, unless you can
                                                                                      demonstrate that the
                                                                                      complete spiking procedure
                                                                                      has been conducted at a
                                                                                      similar source. ASTM D6348-
                                                                                      03 (Reapproved 2010)
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to Method 320
                                                                                      if the test plan
                                                                                      preparation and
                                                                                      implementation in Annexes
                                                                                      A1-A8 are mandatory and
                                                                                      the %R in Annex A5 is
                                                                                      determined for each target
                                                                                      analyte.
                                     f. Measure PM           i. Method 5 of 40 CFR
                                      emissions.              part 60, appendix A-
                                                              3; or
                                                             ii. Method 29 of 40
                                                              CFR part 60, appendix
                                                              A-8.
                                     g. Measure Hg           Method 29 of 40 CFR     ASTM D6784-02 (Reapproved
                                      emissions.              part 60, appendix A-8.  2008) (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to Method 29
                                                                                      (portion for Hg only).
                                     h. Measure dioxin/      Method 23 of 40 CFR
                                      furan emissions.        part 60, appendix A-7.
2. Glaze spray operation...........  a. Select locations of  Method 1 or 1A of 40    Sampling sites must be
                                      sampling ports and      CFR part 60, appendix   located at the outlet of
                                      the number of           A-1.                    the APCD and prior to any
                                      traverse points.                                releases to the atmosphere
                                                                                      for all affected sources.
                                     b. Determine            Method 2 of 40 CFR      You may use Method 2A, 2C,
                                      velocities and          part 60, appendix A-1.  2D, or 2F of 40 CFR part
                                      volumetric flow rate.                           60, appendix A-1, or
                                                                                      Method 2G of 40 CFR part
                                                                                      60, appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 2 of 40 CFR part
                                                                                      60, appendix A-1.
                                     c. Conduct gas          Method 3 of 40 CFR      You may use Method 3A or 3B
                                      molecular weight        part 60, appendix A-2.  of 40 CFR part 60,
                                      analysis.                                       appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 3 of 40 CFR part
                                                                                      60, appendix A-2. ANSI/
                                                                                      ASME PTC 19.10-1981
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to the manual
                                                                                      procedures (but not the
                                                                                      instrumental procedures)
                                                                                      in Methods 3A and 3B.
                                     d. Measure moisture     Method 4 of 40 CFR
                                      content of the stack    part 60, appendix A-3.
                                      gas.
                                     e. Measure PM           Method 5 of 40 CFR
                                      emissions.              part 60, appendix A-3.

[[Page 495]]

 
                                     f. Measure Hg           Method 29 of 40 CFR     ASTM D6784-02 (Reapproved
                                      emissions (tile glaze   part 60, appendix A-8.  2008) (incorporated by
                                      spray operations                                reference, see Sec.
                                      only).                                          63.14) may be used as an
                                                                                      alternative to Method 29
                                                                                      (portion for Hg only).
3. Spray dryer or floor tile press   a. Select locations of  Method 1 or 1A of 40    Sampling sites must be
 dryer.                               sampling ports and      CFR part 60, appendix   located at the outlet of
                                      the number of           A-1.                    the APCD and prior to any
                                      traverse points.                                releases to the atmosphere
                                                                                      for all affected sources.
                                     b. Determine            Method 2 of 40 CFR      You may use Method 2A, 2C,
                                      velocities and          part 60, appendix A-1.  2D, or 2F of 40 CFR part
                                      volumetric flow rate.                           60, appendix A-1, or
                                                                                      Method 2G of 40 CFR part
                                                                                      60, appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 2 of 40 CFR part
                                                                                      60, appendix A-1.
                                     c. Conduct gas          Method 3 of 40 CFR      You may use Method 3A or 3B
                                      molecular weight        part 60, appendix A-2.  of 40 CFR part 60,
                                      analysis.                                       appendix A-2, as
                                                                                      appropriate, as an
                                                                                      alternative to using
                                                                                      Method 3 of 40 CFR part
                                                                                      60, appendix A-2. ANSI/
                                                                                      ASME PTC 19.10-1981
                                                                                      (incorporated by
                                                                                      reference, see Sec.
                                                                                      63.14) may be used as an
                                                                                      alternative to the manual
                                                                                      procedures (but not the
                                                                                      instrumental procedures)
                                                                                      in Methods 3A and 3B.
                                     d. Measure moisture     Method 4 of 40 CFR
                                      content of the stack    part 60, appendix A-3.
                                      gas.
                                     e. Measure dioxin/      Method 23 of 40 CFR
                                      furan emissions.        part 60, appendix A-7.
4. Tunnel or roller kiln with no     a. Establish the        HCl-equivalent limit    Using the procedures in
 add-on control.                      operating limit(s)      in Table 1 to this      Sec.   63.8595(g)(1), you
                                      for kiln process rate   subpart and emissions   must determine the maximum
                                      if the total facility   and production data     process rate(s) for your
                                      maximum potential HCl-  from the HF/HCl/Cl2     kiln(s) that would ensure
                                      equivalent emissions    performance test.       total facility maximum
                                      are greater than the                            potential HCl-equivalent
                                      HCl-equivalent limit                            emissions remain at or
                                      in Table 1 to this                              below the HCl-equivalent
                                      subpart.                                        limit in Table 1 to this
                                                                                      subpart. The maximum
                                                                                      process rate(s) would
                                                                                      become your site-specific
                                                                                      process rate operating
                                                                                      limit(s).
                                     b. Establish the        i. Data from the kiln   (1) You must continuously
                                      operating limit for     operating temperature   measure the kiln operating
                                      kiln operating          measurement device      temperature during three 4-
                                      temperature.            during the dioxin/      hour test runs and, from a
                                                              furan performance       12-hour block of time
                                                              test.                   consisting of 1-hour
                                                                                      increments, calculate the
                                                                                      following two values:
                                                                                     (a) The standard deviation
                                                                                      of the 12 1-hour
                                                                                      temperature measurements
                                                                                      (refer to Note 1).
                                                                                     (b) 1 percent of the 12-
                                                                                      hour block average.
                                                                                     (2) You must decide which
                                                                                      of the two values would
                                                                                      provide the greatest
                                                                                      variability (i.e., the
                                                                                      highest value), and then
                                                                                      add this value to the 12-
                                                                                      hour block average
                                                                                      measured during the
                                                                                      compliance testing. The
                                                                                      result is the maximum
                                                                                      temperature at which your
                                                                                      kiln may operate during
                                                                                      normal operations.
5. Tunnel or roller kiln that is     Determine the           Production data         You must measure and record
 complying with PM and/or Hg          production rate         collected during the    the production rate, on a
 production-based emission limits.    during each PM/Hg       PM/Hg performance       ton of throughput
                                      test run in order to    tests (e.g., the        processed basis, of the
                                      determine compliance    number of ceramic       affected kiln for each of
                                      with PM and/or Hg       pieces and weight per   the three test runs.
                                      production-based        piece in the kiln
                                      emission limits.        during a test run
                                                              divided by the amount
                                                              of time to fire a
                                                              piece).

[[Page 496]]

 
6. Tunnel or roller kiln equipped    Establish the           Data from the lime      For continuous lime
 with a DIFF or DLS/FF.               operating limit for     feeder during the HF/   injection systems, you
                                      the lime feeder         HCl performance test.   must ensure that lime in
                                      setting.                                        the feed hopper or silo
                                                                                      and to the APCD is free-
                                                                                      flowing at all times
                                                                                      during the performance
                                                                                      test and record the feeder
                                                                                      setting, on a per ton of
                                                                                      throughput basis, for the
                                                                                      three test runs. If the
                                                                                      feed rate setting varies
                                                                                      during the three test
                                                                                      runs, determine and record
                                                                                      the average feed rate from
                                                                                      the three test runs. The
                                                                                      average of the three test
                                                                                      runs establishes your
                                                                                      minimum site-specific feed
                                                                                      rate operating limit.
7. Tunnel or roller kiln equipped    a. Establish the        Data from the pH        You must continuously
 with a WS.                           operating limit for     measurement device      measure the scrubber
                                      the average scrubber    during the HF/HCl       liquid pH, determine and
                                      liquid pH.              performance test.       record the block average
                                                                                      pH values for the three
                                                                                      test runs, and determine
                                                                                      and record the 3-hour
                                                                                      block average of the
                                                                                      recorded pH measurements
                                                                                      for the three test runs.
                                                                                      The average of the three
                                                                                      test runs establishes your
                                                                                      minimum site-specific
                                                                                      liquid pH operating limit.
                                     b. Establish the        Data from the flow      You must continuously
                                      operating limit for     rate measurement        measure the scrubber
                                      the average scrubber    device during the HF/   liquid flow rate,
                                      liquid flow rate.       HCl and PM              determine and record the
                                                              performance tests.      block average flow rate
                                                                                      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      flow rate measurements for
                                                                                      the three test runs. The
                                                                                      average of the three test
                                                                                      runs establishes your
                                                                                      minimum site-specific
                                                                                      liquid flow rate operating
                                                                                      level. If different
                                                                                      average wet scrubber
                                                                                      liquid flow rate values
                                                                                      are measured during the HF/
                                                                                      HCl and PM tests, the
                                                                                      highest of the average
                                                                                      values become your site-
                                                                                      specific operating limit.
8. Tunnel or roller kiln equipped    Establish the           Data from the carbon    You must measure the carbon
 with an ACI system.                  operating limit for     flow rate measurement   flow rate during each test
                                      the average carbon      conducted during the    run, determine and record
                                      flow rate.              Hg and dioxin/furan     the block average carbon
                                                              performance tests.      flow rate values for the
                                                                                      three test runs, and
                                                                                      determine and record the 3-
                                                                                      hour block average of the
                                                                                      recorded carbon flow rate
                                                                                      measurements for the three
                                                                                      test runs. The average of
                                                                                      the three test runs
                                                                                      establishes your minimum
                                                                                      site-specific activated
                                                                                      carbon flow rate operating
                                                                                      limit.
9. Tunnel or roller kiln intending   a. Establish the        i. Data from the kiln   (1) You must continuously
 to comply with dioxin/furan          operating limit for     operating temperature   measure the kiln operating
 emission limit without an ACI        kiln operating          measurement device      temperature during three 4-
 system.                              temperature.            during the dioxin/      hour test runs and, from a
                                                              furan performance       12-hour block of time
                                                              test.                   consisting of 1-hour
                                                                                      increments, calculate the
                                                                                      following two values:
                                                                                     (a) The standard deviation
                                                                                      of the 12 1-hour
                                                                                      temperature measurements
                                                                                      (refer to Note 1).
                                                                                     (b) 1 percent of the 12-
                                                                                      hour block average
                                                                                     (2) You must decide which
                                                                                      of the two values would
                                                                                      provide the greatest
                                                                                      variability (i.e., the
                                                                                      highest value), and then
                                                                                      add this value to the 12-
                                                                                      hour block average
                                                                                      measured during the
                                                                                      compliance testing. The
                                                                                      result is the maximum
                                                                                      temperature at which your
                                                                                      kiln may operate during
                                                                                      normal operations.
10. Glaze spray operation equipped   a. Establish the        Data from the pressure  You must continuously
 with a WS.                           operating limit for     drop measurement        measure the scrubber
                                      the average scrubber    device during the PM    pressure drop, determine
                                      pressure drop.          performance test.       and record the block
                                                                                      average pressure drop
                                                                                      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      pressure drop measurements
                                                                                      for the three test runs.
                                                                                      The average of the three
                                                                                      test runs establishes your
                                                                                      minimum site-specific
                                                                                      pressure drop operating
                                                                                      limit.

[[Page 497]]

 
                                     b. Establish the        Data from the flow      You must continuously
                                      operating limit for     rate measurement        measure the scrubber
                                      the average scrubber    device during the PM    liquid flow rate,
                                      liquid flow rate.       performance test.       determine and record the
                                                                                      block average flow rate
                                                                                      values for the three test
                                                                                      runs, and determine and
                                                                                      record the 3-hour block
                                                                                      average of the recorded
                                                                                      flow rate measurements for
                                                                                      the three test runs. The
                                                                                      average of the three test
                                                                                      runs establishes your
                                                                                      minimum site-specific
                                                                                      liquid flow rate operating
                                                                                      limit.
11. Spray dryer....................  Establish the           Data from the           You must continuously
                                      operating limit for     temperature             measure the operating
                                      operating temperature.  measurement device      temperature, determine and
                                                              during the dioxin/      record the block average
                                                              furan performance       temperature values for the
                                                              test.                   three test runs, and
                                                                                      determine and record the 4-
                                                                                      hour block average of the
                                                                                      recorded temperature
                                                                                      measurements for the three
                                                                                      test runs. The average of
                                                                                      the three test runs
                                                                                      establishes your minimum
                                                                                      site-specific operating
                                                                                      limit.
12. Floor tile press dryer.........  Establish the           Data from the           You must continuously
                                      operating limit for     temperature             measure the operating
                                      operating temperature.  measurement device      temperature, determine and
                                                              during the dioxin/      record the block average
                                                              furan performance       temperature values for the
                                                              test.                   three test runs, and
                                                                                      determine and record the 4-
                                                                                      hour block average of the
                                                                                      recorded temperature
                                                                                      measurements for the three
                                                                                      test runs. The average of
                                                                                      the three test runs
                                                                                      establishes your maximum
                                                                                      site-specific operating
                                                                                      limit.
----------------------------------------------------------------------------------------------------------------

    Note 1: The standard deviation of the 12 1-hour temperature 
measurements is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR01NO19.007

Where:

[sigma] = standard deviation
xi = each 1-hour temperature measurement
[micro] = mean of all 12 1-hour measurements
N = 12 measurements

[84 FR 58611, Nov. 1, 2019]



   Sec. Table 5 to Subpart KKKKK of Part 63--Toxic Equivalency Factors

    As stated in Sec.  63.8595(f)(3), you must demonstrate initial 
compliance with each dioxin/furan emission limit that applies to you by 
calculating the sum of the 2,3,7,8-TCDD TEQs using the TEFs in the 
following table:

------------------------------------------------------------------------
                                                  You must calculate its
      For each dioxin/furan congener . . .        2,3,7,8-TCDD TEQ using
                                                 the following TEF . . .
------------------------------------------------------------------------
2,3,7,8-tetrachlorodibenzo-p-dioxin............                   1
1,2,3,7,8-pentachlorodibenzo-p-dioxin..........                   1
1,2,3,4,7,8-hexachlorodibenzo-p-dioxin.........                   0.1
1,2,3,7,8,9-hexachlorodibenzo-p-dioxin.........                   0.1
1,2,3,6,7,8-hexachlorodibenzo-p-dioxin.........                   0.1
1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin......                   0.01

[[Page 498]]

 
Octachlorodibenzo-p-dioxin.....................                   0.0003
2,3,7,8-tetrachlorodibenzofuran................                   0.1
1,2,3,7,8-pentachlorodibenzofuran..............                   0.03
2,3,4,7,8-pentachlorodibenzofuran..............                   0.3
1,2,3,4,7,8-hexachlorodibenzofuran.............                   0.1
1,2,3,6,7,8-hexachlorodibenzofuran.............                   0.1
1,2,3,7,8,9-hexachlorodibenzofuran.............                   0.1
2,3,4,6,7,8-hexachlorodibenzofuran.............                   0.1
1,2,3,4,6,7,8-heptachlorodibenzofuran..........                   0.01
1,2,3,4,7,8,9-heptachlorodibenzofuran..........                   0.01
Octachlorodibenzofuran.........................                   0.0003
------------------------------------------------------------------------



   Sec. Table 6 to Subpart KKKKK of Part 63--Initial Compliance With 
            Emission Limitations and Work Practice Standards

  Table 6 to Subpart KKKKK of Part 63--Initial Compliance With Emission
                 Limitations and Work Practice Standards
  As stated in Sec.   63.8605, you must demonstrate initial compliance
with each emission limitation and work practice standard that applies to
                  you according to the following table:
------------------------------------------------------------------------
                                                   You have demonstrated
        For each . . .          For the following  initial compliance if
                                      . . .                . . .
------------------------------------------------------------------------
1. Collection of all tunnel or  a. HF, HCl, and    i. You measure HF and
 roller kilns at the facility.   Cl2 emissions      HCl emissions for
                                 must not exceed    each kiln using
                                 62 kg/hr (140 lb/  Method 26 or 26A of
                                 hr) HCl            40 CFR part 60,
                                 equivalent.        appendix A-8 or its
                                                    alternative, ASTM
                                                    D6735-01 (Reapproved
                                                    2009) (incorporated
                                                    by reference, see
                                                    Sec.   63.14); or
                                                    Method 320 of
                                                    appendix A of this
                                                    part or its
                                                    alternative, ASTM
                                                    D6348-03 (Reapproved
                                                    2010) (incorporated
                                                    by reference, see
                                                    Sec.   63.14); and
                                                   ii. You calculate the
                                                    HCl-equivalent
                                                    emissions for HF for
                                                    each kiln using
                                                    Equation 4 to this
                                                    subpart; and
                                                   iii. You sum the HCl-
                                                    equivalent values
                                                    for all kilns at the
                                                    facility using
                                                    Equation 5 to this
                                                    subpart; and
                                                   iv. The facility
                                                    total HCl-equivalent
                                                    does not exceed 62
                                                    kg/hr (140 lb/hr).
2. Existing floor tile roller   a. PM emissions    i. The PM emissions
 kiln.                           must not exceed    measured using
                                 0.063 kg/Mg        Method 5 of 40 CFR
                                 (0.13 lb/ton) of   part 60, appendix A-
                                 fired product.     3 or Method 29 of 40
                                                    CFR part 60,
                                                    appendix A-8, over
                                                    the period of the
                                                    initial performance
                                                    test, according to
                                                    the calculations in
                                                    Sec.
                                                    63.8595(f)(1), do
                                                    not exceed 0.063 kg/
                                                    Mg (0.13 lb/ton) of
                                                    fired product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    applicable operating
                                                    limits listed in
                                                    Table 2 to this
                                                    subpart over the
                                                    period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.063 kg/Mg
                                                    (0.13 lb/ton) of
                                                    fired product.
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 6.3 E-05 kg/Mg     Method 29 of 40 CFR
                                 (1.3 E-04 lb/      part 60, appendix A-
                                 ton) of fired      8 or its
                                 product.           alternative, ASTM
                                                    D6784-02 (Reapproved
                                                    2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    6.3 E-05 kg/Mg (1.3
                                                    E-04 lb/ton) of
                                                    fired product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 6.3 E-05 kg/
                                                    Mg (1.3 E-04 lb/ton)
                                                    of fired product.
                                c. Dioxin/furan    i. The dioxin/furan
                                 emissions must     emissions measured
                                 not exceed 2.8     using Method 23 of
                                 ng/kg of fired     40 CFR part 60,
                                 product.           appendix A-7, over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    2.8 ng/kg of fired
                                                    product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 2.8 ng/kg of
                                                    fired product.
3. Existing wall tile roller    a. PM emissions    i. The PM emissions
 kiln.                           must not exceed    measured using
                                 0.19 kg/Mg (0.37   Method 5 of 40 CFR
                                 lb/ton) of fired   part 60, appendix A-
                                 product.           3 or Method 29 of 40
                                                    CFR part 60,
                                                    appendix A-8, over
                                                    the period of the
                                                    initial performance
                                                    test, according to
                                                    the calculations in
                                                    Sec.
                                                    63.8595(f)(1), do
                                                    not exceed 0.19 kg/
                                                    Mg (0.37 lb/ton) of
                                                    fired product; and

[[Page 499]]

 
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.19 kg/Mg
                                                    (0.37 lb/ton) of
                                                    fired product.
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 1.1 E-04 kg/Mg     Method 29 of 40 CFR
                                 (2.1 E-04 lb/      part 60, appendix A-
                                 ton) of fired      8 or its
                                 product.           alternative, ASTM
                                                    D6784-02 (Reapproved
                                                    2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    1.1 E-04 kg/Mg (2.1
                                                    E-04 lb/ton) of
                                                    fired product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 1.1 E-04 kg/
                                                    Mg (2.1 E-04 lb/ton)
                                                    of fired product.
                                c. Dioxin/furan    i. The dioxin/furan
                                 emissions must     emissions measured
                                 not exceed 0.22    using Method 23 of
                                 ng/kg of fired     40 CFR part 60,
                                 product.           appendix A-7, over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.22 ng/kg of fired
                                                    product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.22 ng/kg of
                                                    fired product.
4. Existing first-fire          a. PM emissions    i. The PM emissions
 sanitaryware tunnel kiln.       must not exceed    measured using
                                 0.17 kg/Mg (0.34   Method 5 of 40 CFR
                                 lb/ton) of         part 60, appendix A-
                                 greenware fired.   3 or Method 29 of 40
                                                    CFR part 60,
                                                    appendix A-8, over
                                                    the period of the
                                                    initial performance
                                                    test, according to
                                                    the calculations in
                                                    Sec.
                                                    63.8595(f)(1), do
                                                    not exceed 0.17 kg/
                                                    Mg (0.34 lb/ton) of
                                                    greenware fired; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.17 kg/Mg
                                                    (0.34 lb/ton) of
                                                    greenware fired.
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 1.3 E-04 kg/Mg     Method 29 of 40 CFR
                                 (2.6 E-04 lb/      part 60, appendix A-
                                 ton) of            8 or its
                                 greenware fired.   alternative, ASTM
                                                    D6784-02 (Reapproved
                                                    2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    1.3 E-04 kg/Mg (2.6
                                                    E-04 lb/ton) of
                                                    greenware fired; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 1.3 E-04 kg/
                                                    Mg (2.6 E-04 lb/ton)
                                                    of greenware fired.
                                c. Dioxin/furan    i. The dioxin/furan
                                 emissions must     emissions measured
                                 not exceed 3.3     using Method 23 of
                                 ng/kg of           40 CFR part 60,
                                 greenware fired.   appendix A-7, over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    3.3 ng/kg of
                                                    greenware fired; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 3.3 ng/kg of
                                                    greenware fired.
5. Existing tile glaze line     a. PM emissions    i. The PM emissions
 with glaze spraying.            must not exceed    measured using
                                 0.93 kg/Mg (1.9    Method 5 of 40 CFR
                                 lb/ton) of first-  part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 0.93 kg/
                                                    Mg (1.9 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.93 kg/Mg
                                                    (1.9 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 8.0 E-05 kg/Mg     Method 29 of 40 CFR
                                 (1.6 E-04 lb/      part 60, appendix A-
                                 ton) of first-     8 or its
                                 fire glaze         alternative, ASTM
                                 sprayed (dry       D6784-02 (Reapproved
                                 weight basis).     2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    8.0 E-05 kg/Mg (1.6
                                                    E-04 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and

[[Page 500]]

 
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 8.0 E-05 kg/
                                                    Mg (1.6 E-04 lb/ton)
                                                    of first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
6. Existing sanitaryware        a. PM emissions    i. The PM emissions
 manual glaze application.       must not exceed    measured using
                                 18 kg/Mg (35 lb/   Method 5 of 40 CFR
                                 ton) of first-     part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 18 kg/Mg
                                                    (35 lb/ton) of first-
                                                    fire glaze sprayed
                                                    (dry weight basis);
                                                    and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 18 kg/Mg (35
                                                    lb/ton) of first-
                                                    fire glaze sprayed
                                                    (dry weight basis).
7. Existing sanitaryware spray  a. PM emissions    i. The PM emissions
 machine glaze application.      must not exceed    measured using
                                 6.2 kg/Mg (13 lb/  Method 5 of 40 CFR
                                 ton) of first-     part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 6.2 kg/Mg
                                                    (13 lb/ton) of first-
                                                    fire glaze sprayed
                                                    (dry weight basis);
                                                    and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 6.2 kg/Mg (13
                                                    lb/ton) of first-
                                                    fire glaze sprayed
                                                    (dry weight basis).
8. Existing sanitaryware robot  a. PM emissions    i. The PM emissions
 glaze application.              must not exceed    measured using
                                 4.5 kg/Mg (8.9     Method 5 of 40 CFR
                                 lb/ton) of first-  part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 4.5 kg/Mg
                                                    (8.9 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 4.5 kg/Mg
                                                    (8.9 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
9. Existing floor tile spray    a. Dioxin/furan    i. The dioxin/furan
 dryer.                          emissions must     emissions measured
                                 not exceed 19 ng/  using Method 23 of
                                 kg of throughput   40 CFR part 60,
                                 processed.         appendix A-7, over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    19 ng/kg of
                                                    throughput
                                                    processed; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 19 ng/kg of
                                                    throughput
                                                    processed.
10. Existing wall tile spray    a. Dioxin/furan    i. The dioxin/furan
 dryer.                          emissions must     emissions measured
                                 not exceed 0.058   using Method 23 of
                                 ng/kg of           40 CFR part 60,
                                 throughput         appendix A-7, over
                                 processed.         the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.058 ng/kg of
                                                    throughput
                                                    processed; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.058 ng/kg
                                                    of throughput
                                                    processed.
11. Existing floor tile press   a. Dioxin/furan    i. The dioxin/furan
 dryer.                          emissions must     emissions measured
                                 not exceed 0.024   using Method 23 of
                                 ng/kg of           40 CFR part 60,
                                 throughput         appendix A-7, over
                                 processed.         the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.024 ng/kg of
                                                    throughput
                                                    processed; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.024 ng/kg
                                                    of throughput
                                                    processed.
12. New or reconstructed floor  a. PM emissions    i. The PM emissions
 tile roller kiln.               must not exceed    measured using
                                 0.019 kg/Mg        Method 5 of 40 CFR
                                 (0.037 lb/ton)     part 60, appendix A-
                                 of fired product.  3 or Method 29 of 40
                                                    CFR part 60,
                                                    appendix A-8, over
                                                    the period of the
                                                    initial performance
                                                    test, according to
                                                    the calculations in
                                                    Sec.
                                                    63.8595(f)(1), do
                                                    not exceed 0.019 kg/
                                                    Mg (0.037 lb/ton) of
                                                    fired product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.019 kg/Mg
                                                    (0.037 lb/ton) of
                                                    fired product.

[[Page 501]]

 
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 2.0 E-05 kg/Mg     Method 29 of 40 CFR
                                 (3.9 E-05 lb/      part 60, appendix A-
                                 ton) of fired      8 or its
                                 product.           alternative, ASTM
                                                    D6784-02 (Reapproved
                                                    2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    2.0 E-05 kg/Mg (3.9
                                                    E-05 lb/ton) of
                                                    fired product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 2.0 E-05 kg/
                                                    Mg (3.9 E-05 lb/ton)
                                                    of fired product.
                                c. Dioxin/furan    i. The dioxin/furan
                                 emissions must     emissions measured
                                 not exceed 1.3     using Method 23 of
                                 ng/kg of fired     40 CFR part 60,
                                 product.           appendix A-7, over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    1.3 ng/kg of fired
                                                    product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 1.3 ng/kg of
                                                    fired product.
13. New or reconstructed wall   a. PM emissions    i. The PM emissions
 tile roller kiln.               must not exceed    measured using
                                 0.19 kg/Mg (0.37   Method 5 of 40 CFR
                                 lb/ton) of fired   part 60, appendix A-
                                 product.           3 or Method 29 of 40
                                                    CFR part 60,
                                                    appendix A-8, over
                                                    the period of the
                                                    initial performance
                                                    test, according to
                                                    the calculations in
                                                    Sec.
                                                    63.8595(f)(1), do
                                                    not exceed 0.19 kg/
                                                    Mg (0.37 lb/ton) of
                                                    fired product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.19 kg/Mg
                                                    (0.37 lb/ton) of
                                                    fired product.
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 1.1 E-04 kg/Mg     Method 29 of 40 CFR
                                 (2.1 E-04 lb/      part 60, appendix A-
                                 ton) of fired      8 or its
                                 product.           alternative, ASTM
                                                    D6784-02 (Reapproved
                                                    2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    1.1 E-04 kg/Mg (2.1
                                                    E-04 lb/ton) of
                                                    fired product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 1.1 E-04 kg/
                                                    Mg (2.1 E-04 lb/ton)
                                                    of fired product.
                                c. Dioxin/furan    i. The dioxin/furan
                                 emissions must     emissions measured
                                 not exceed 0.22    using Method 23 of
                                 ng/kg of fired     40 CFR part 60,
                                 product.           appendix A-7, over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.22 ng/kg of fired
                                                    product; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.22 ng/kg of
                                                    fired product.
14. New or reconstructed first- a. PM emissions    i. The PM emissions
 fire sanitaryware tunnel kiln.  must not exceed    measured using
                                 0.048 kg/Mg        Method 5 of 40 CFR
                                 (0.095 lb/ton)     part 60, appendix A-
                                 of greenware       3 or Method 29 of 40
                                 fired.             CFR part 60,
                                                    appendix A-8, over
                                                    the period of the
                                                    initial performance
                                                    test, according to
                                                    the calculations in
                                                    Sec.
                                                    63.8595(f)(1), do
                                                    not exceed 0.048 kg/
                                                    Mg (0.095 lb/ton) of
                                                    greenware fired; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.048 kg/Mg
                                                    (0.095 lb/ton) of
                                                    greenware fired.
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 6.1 E-05 kg/Mg     Method 29 of 40 CFR
                                 (1.3 E-04 lb/      part 60, appendix A-
                                 ton) of            8 or its
                                 greenware fired.   alternative, ASTM
                                                    D6784-02 (Reapproved
                                                    2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    6.1 E-05 kg/Mg (1.3
                                                    E-04 lb/ton) of
                                                    greenware fired; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 6.1 E-05 kg/
                                                    Mg (1.3 E-04 lb/ton)
                                                    of greenware fired.
                                c. Dioxin/furan    i. The dioxin/furan
                                 emissions must     emissions measured
                                 not exceed 0.99    using Method 23 of
                                 ng/kg of           40 CFR part 60,
                                 greenware fired.   appendix A-7, over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.99 ng/kg of
                                                    greenware fired; and

[[Page 502]]

 
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.99 ng/kg of
                                                    greenware fired.
15. New or reconstructed tile   a. PM emissions    i. The PM emissions
 glaze line with glaze           must not exceed    measured using
 spraying.                       0.31 kg/Mg (0.61   Method 5 of 40 CFR
                                 lb/ton) of first-  part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 0.31 kg/
                                                    Mg (0.61 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 0.31 kg/Mg
                                                    (0.61 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
                                b. Hg emissions    i. The Hg emissions
                                 must not exceed    measured using
                                 8.0 E-05 kg/Mg     Method 29 of 40 CFR
                                 (1.6 E-04 lb/      part 60, appendix A-
                                 ton) of first-     8 or its
                                 fire glaze         alternative, ASTM
                                 sprayed (dry       D6784-02 (Reapproved
                                 weight basis).     2008) (incorporated
                                                    by reference, see
                                                    Sec.   63.14), over
                                                    the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    8.0 E-05 kg/Mg (1.6
                                                    E-04 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which Hg
                                                    emissions did not
                                                    exceed 8.0 E-05 kg/
                                                    Mg (1.6 E-04 lb/ton)
                                                    of first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
16. New or reconstructed        a. PM emissions    i. The PM emissions
 sanitaryware manual glaze       must not exceed    measured using
 application.                    2.0 kg/Mg (3.9     Method 5 of 40 CFR
                                 lb/ton) of first-  part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 2.0 kg/Mg
                                                    (3.9 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 2.0 kg/Mg
                                                    (3.9 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
17. New or reconstructed        a. PM emissions    i. The PM emissions
 sanitaryware spray machine      must not exceed    measured using
 glaze application.              1.6 kg/Mg (3.2     Method 5 of 40 CFR
                                 lb/ton) of first-  part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 1.6 kg/Mg
                                                    (3.2 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 1.6 kg/Mg
                                                    (3.2 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
18. New or reconstructed        a. PM emissions    i. The PM emissions
 sanitaryware robot glaze        must not exceed    measured using
 application.                    1.2 kg/Mg (2.3     Method 5 of 40 CFR
                                 lb/ton) of first-  part 60, appendix A-
                                 fire glaze         3, over the period
                                 sprayed (dry       of the initial
                                 weight basis).     performance test,
                                                    according to the
                                                    calculations in Sec.
                                                      63.8595(f)(2), do
                                                    not exceed 1.2 kg/Mg
                                                    (2.3 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis); and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which PM
                                                    emissions did not
                                                    exceed 1.2 kg/Mg
                                                    (2.3 lb/ton) of
                                                    first-fire glaze
                                                    sprayed (dry weight
                                                    basis).
19. New or reconstructed floor  a. Dioxin/furan    i. The dioxin/furan
 tile spray dryer.               emissions must     emissions measured
                                 not exceed 0.071   using Method 23 of
                                 ng/kg of           40 CFR part 60,
                                 throughput         appendix A-7, over
                                 processed.         the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.071 ng/kg of
                                                    throughput
                                                    processed; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.071 ng/kg
                                                    of throughput
                                                    processed.
20. New or reconstructed wall   a. Dioxin/furan    i. The dioxin/furan
 tile spray dryer.               emissions must     emissions measured
                                 not exceed 0.058   using Method 23 of
                                 ng/kg of           40 CFR part 60,
                                 throughput         appendix A-7, over
                                 processed.         the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.058 ng/kg of
                                                    throughput
                                                    processed; and

[[Page 503]]

 
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.058 ng/kg
                                                    of throughput
                                                    processed.
21. New or reconstructed floor  a. Dioxin/furan    i. The dioxin/furan
 tile press dryer.               emissions must     emissions measured
                                 not exceed 0.024   using Method 23 of
                                 ng/kg of           40 CFR part 60,
                                 throughput         appendix A-7, over
                                 processed.         the period of the
                                                    initial performance
                                                    test, do not exceed
                                                    0.024 ng/kg of
                                                    throughput
                                                    processed; and
                                                   ii. You establish and
                                                    have a record of the
                                                    operating limits
                                                    listed in Table 2 to
                                                    this subpart over
                                                    the period of the
                                                    initial performance
                                                    test during which
                                                    dioxin/furan
                                                    emissions did not
                                                    exceed 0.024 ng/kg
                                                    of throughput
                                                    processed.
22. Existing, new, or           a. Minimize HAP    i. Use natural gas,
 reconstructed sanitaryware      emissions.         or equivalent, as
 shuttle kiln.                                      the kiln fuel; and
                                                   ii. Develop a
                                                    designed firing time
                                                    and temperature
                                                    cycle for the
                                                    sanitaryware shuttle
                                                    kiln. You must
                                                    either program the
                                                    time and temperature
                                                    cycle into your kiln
                                                    or track each step
                                                    on a log sheet; and
                                                   iii. Label each
                                                    sanitaryware shuttle
                                                    kiln with the
                                                    maximum load (in
                                                    tons) of greenware
                                                    that can be fired in
                                                    the kiln during a
                                                    single firing cycle;
                                                    and
                                                   iv. Develop
                                                    maintenance
                                                    procedures for each
                                                    kiln that, at a
                                                    minimum, specify the
                                                    frequency of
                                                    inspection and
                                                    maintenance of
                                                    temperature
                                                    monitoring devices,
                                                    controls that
                                                    regulate air-to-fuel
                                                    ratios, and controls
                                                    that regulate firing
                                                    cycles.
------------------------------------------------------------------------


[84 FR 58614, Nov. 1, 2019]



  Sec. Table 7 to Subpart KKKKK of Part 63--Continuous Compliance With 
            Emission Limitations and Work Practice Standards

Table 7 to Subpart KKKKK of Part 63--Continuous Compliance With Emission Limitations and Work Practice Standards
 As stated in Sec.   63.8620, you must demonstrate continuous compliance with each emission limitation and work
                     practice standard that applies to you according to the following table:
----------------------------------------------------------------------------------------------------------------
                                                              You must demonstrate
          For each . . .            For the following . .  continuous compliance by .         Or by . . .
                                              .                        . .
----------------------------------------------------------------------------------------------------------------
1. Tunnel or roller kiln equipped   a. Each emission       i. If you use a bag leak    (1) Performing VE
 with a DIFF or DLS/FF.              limit in Table 1 to    detection system, as        observations of the DIFF
                                     this subpart and       prescribed in Sec.          or DLS/FF stack at the
                                     each operating limit   63.8450(e), initiating      frequency specified in
                                     in Item 1 of Table 2   corrective action within    Sec.   63.8620(e) using
                                     to this subpart for    1 hour of a bag leak        Method 22 of 40 CFR part
                                     kilns equipped with    detection system alarm      60, appendix A-7; and
                                     DIFF or DLS/FF.        and completing corrective   maintaining no VE from
                                                            actions in accordance       the DIFF or DLS/FF
                                                            with your OM&M plan;        stack; or
                                                            operating and maintaining  (2) Maintaining your kiln
                                                            the fabric filter such      operating temperature
                                                            that the alarm is not       within the range of
                                                            engaged for more than 5     acceptable temperatures
                                                            percent of the total        (i.e., temperature
                                                            operating time in a 6-      profile for each kiln
                                                            month block reporting       and product; for any
                                                            period; in calculating      incidence where the kiln
                                                            this operating time         is operating outside of
                                                            fraction, if inspection     its acceptable
                                                            of the fabric filter        temperature range (i.e.,
                                                            demonstrates that no        exceeds its temperature
                                                            corrective action is        profile) for the product
                                                            required, no alarm time     being fired, performing
                                                            is counted; if corrective   VE observations of the
                                                            action is required, each    DIFF or DLS/FF stack as
                                                            alarm is counted as a       specified in Sec.
                                                            minimum of 1 hour; if you   63.8620(e) using Method
                                                            take longer than 1 hour     22 of 40 CFR part 60,
                                                            to initiate corrective      appendix A-7; and
                                                            action, the alarm time is   observing no VE from the
                                                            counted as the actual       DIFF or DLS/FF stack.
                                                            amount of time taken by
                                                            you to initiate
                                                            corrective action; and

[[Page 504]]

 
                                                           ii. Verifying that lime is
                                                            free-flowing via a load
                                                            cell, carrier gas/lime
                                                            flow indicator, carrier
                                                            gas pressure drop
                                                            measurement system, or
                                                            other system; recording
                                                            all monitor or sensor
                                                            output, and if lime is
                                                            found not to be free
                                                            flowing, promptly
                                                            initiating and completing
                                                            corrective actions in
                                                            accordance with your OM&M
                                                            plan; recording the
                                                            feeder setting once each
                                                            shift of operation to
                                                            verify that the feeder
                                                            setting is being
                                                            maintained at or above
                                                            the level established
                                                            during the HF/HCl
                                                            performance test in which
                                                            compliance was
                                                            demonstrated.
2. Tunnel or roller kiln equipped   a. Each emission       i. Collecting the scrubber
 with a WS.                          limit in Table 1 to    liquid pH data according
                                     this subpart and       to Sec.   63.8600(a);
                                     each operating limit   reducing the scrubber
                                     in Item 2 of Table 2   liquid pH data to 3-hour
                                     to this subpart for    block averages according
                                     kilns equipped with    to Sec.   63.8600(a);
                                     WS.                    maintaining the average
                                                            scrubber liquid pH for
                                                            each 3-hour block period
                                                            at or above the average
                                                            scrubber liquid pH
                                                            established during the HF/
                                                            HCl performance test in
                                                            which compliance was
                                                            demonstrated; and
                                                           ii. Collecting the
                                                            scrubber liquid flow rate
                                                            data according to Sec.
                                                            63.8600(a); reducing the
                                                            scrubber liquid flow rate
                                                            data to 3-hour block
                                                            averages according to
                                                            Sec.   63.8600(a);
                                                            maintaining the average
                                                            scrubber liquid flow rate
                                                            for each 3-hour block
                                                            period at or above the
                                                            highest average scrubber
                                                            liquid flow rate
                                                            established during the HF/
                                                            HCl and PM performance
                                                            tests in which compliance
                                                            was demonstrated.
3. Tunnel or roller kiln equipped   Each emission limit    Collecting the carbon flow
 with an ACI system.                 in Table 1 to this     rate data according to
                                     subpart and each       Sec.   63.8600(a);
                                     operating limit in     reducing the carbon flow
                                     Item 3 of Table 2 to   rate data to 3-hour block
                                     this subpart for       averages according to
                                     kilns equipped with    Sec.   63.8600(a);
                                     ACI system.            maintaining the average
                                                            carbon flow rate for each
                                                            3-hour block period at or
                                                            above the highest average
                                                            carbon flow rate
                                                            established during the Hg
                                                            and dioxin/furan
                                                            performance tests in
                                                            which compliance was
                                                            demonstrated.
4. Tunnel or roller kiln intending  Each emission limit    Collecting the operating    Collecting the operating
 to comply with dioxin/furan         in Table 1 to this     temperature data            temperature data
 emission limit without an ACI       subpart and each       according to Sec.           according to Sec.
 system.                             operating limit in     63.8600(a); and             63.8600(a); reducing the
                                     Item 4 of Table 2 to   maintaining the operating   operating temperature
                                     this subpart for       temperature at or below     data to a 12-hour block
                                     kilns intending to     the highest operating       average; and maintaining
                                     comply with dioxin/    temperature established     the average operating
                                     furan emission limit   during the dioxin/furan     temperature for each 12-
                                     without an ACI         performance test in which   hour block period at or
                                     system.                compliance was              below the highest
                                                            demonstrated.               operating temperature
                                                                                        established during the
                                                                                        dioxin/furan performance
                                                                                        test in which compliance
                                                                                        was demonstrated.

[[Page 505]]

 
5. Tunnel or roller kiln with no    a. Each emission       i. Performing VE            (1) Maintaining your kiln
 add-on control.                     limit in Table 1 to    observations of the stack   operating temperature
                                     this subpart and       at the frequency            within the range of
                                     each operating limit   specified in Sec.           acceptable temperatures
                                     in Item 5 of Table 2   63.8620(e) using Method     (i.e., temperature
                                     to this subpart for    22 of 40 CFR part 60,       profile established for
                                     tunnel or roller       appendix A-7; and           each kiln and product
                                     kilns with no add-on   maintaining no VE from      for any incidence where
                                     control.               the stack; and              the kiln is operating
                                                                                        outside of its
                                                                                        acceptable temperature
                                                                                        range (i.e., exceeds its
                                                                                        temperature profile) for
                                                                                        the product being fired,
                                                                                        performing VE
                                                                                        observations of the DIFF
                                                                                        or DLS/FF stack as
                                                                                        specified in Sec.
                                                                                        63.8620(e) using Method
                                                                                        22 of 40 CFR part 60,
                                                                                        appendix A-7; and
                                                                                        observing no VE from the
                                                                                        DIFF or DLS/FF stack.
                                                           ii. If your last
                                                            calculated total facility
                                                            maximum potential HCl-
                                                            equivalent was not at or
                                                            below the health-based
                                                            standard in Table 1 to
                                                            this subpart, collecting
                                                            the kiln process rate
                                                            data according to Sec.
                                                            63.8600(a); reducing the
                                                            kiln process rate data to
                                                            3-hour block averages
                                                            according to Sec.
                                                            63.8600(a); maintaining
                                                            the average kiln process
                                                            rate for each 3-hour
                                                            block period at or below
                                                            the kiln process rate
                                                            determined according to
                                                            Sec.   63.8595(g)(1); and
                                                           iii. Collecting the         (1) Collecting the
                                                            operating temperature       operating temperature
                                                            data according to Sec.      data according to Sec.
                                                            63.8600(a); and             63.8600(a); reducing the
                                                            maintaining the operating   operating temperature
                                                            temperature at or below     data to a 12-hour block
                                                            the highest operating       average; and maintaining
                                                            temperature established     the average operating
                                                            during the dioxin/furan     temperature for each 12-
                                                            performance test in which   hour block period at or
                                                            compliance was              below the highest
                                                            demonstrated.               operating temperature
                                                                                        established during the
                                                                                        dioxin/furan performance
                                                                                        test in which compliance
                                                                                        was demonstrated.
6. Glaze spray operation equipped   Each emission limit    If you use a bag leak       Performing VE
 with a FF.                          in Table 1 to this     detection system,           observations of the FF
                                     subpart and each       initiating corrective       stack at the frequency
                                     operating limit in     action within 1 hour of a   specified in Sec.
                                     Item 6 of Table 2 to   bag leak detection system   63.8620(e) using Method
                                     this subpart for       alarm and completing        22 of 40 CFR part 60,
                                     glaze spray            corrective actions in       appendix A-7; and
                                     operations equipped    accordance with your OM&M   maintaining no VE from
                                     with a FF.             plan; operating and         the FF stack.
                                                            maintaining the fabric
                                                            filter such that the
                                                            alarm is not engaged for
                                                            more than 5 percent of
                                                            the total operating time
                                                            in a 6-month block
                                                            reporting period; in
                                                            calculating this
                                                            operating time fraction,
                                                            if inspection of the
                                                            fabric filter
                                                            demonstrates that no
                                                            corrective action is
                                                            required, no alarm time
                                                            is counted; if corrective
                                                            action is required, each
                                                            alarm is counted as a
                                                            minimum of 1 hour; if you
                                                            take longer than 1 hour
                                                            to initiate corrective
                                                            action, the alarm time is
                                                            counted as the actual
                                                            amount of time taken by
                                                            you to initiate
                                                            corrective action.

[[Page 506]]

 
7. Glaze spray operation equipped   a. Each emission       i. Collecting the scrubber
 with a WS.                          limit in Table 1 to    pressure drop data
                                     this subpart and       according to Sec.
                                     each operating limit   63.8600(a); reducing the
                                     in Item 7 of Table 2   scrubber pressure drop
                                     to this subpart for    data to 3-hour block
                                     kilns equipped with    averages according to
                                     WS.                    Sec.   63.8600(a);
                                                            maintaining the average
                                                            scrubber pressure drop
                                                            for each 3-hour block
                                                            period at or above the
                                                            average pressure drop
                                                            established during the PM
                                                            performance test in which
                                                            compliance was
                                                            demonstrated; and
                                                           ii. Collecting the
                                                            scrubber liquid flow rate
                                                            data according to Sec.
                                                            63.8600(a); reducing the
                                                            scrubber liquid flow rate
                                                            data to 3-hour block
                                                            averages according to
                                                            Sec.   63.8600(a);
                                                            maintaining the average
                                                            scrubber liquid flow rate
                                                            for each 3-hour block
                                                            period at or above the
                                                            average scrubber liquid
                                                            flow rate established
                                                            during the PM performance
                                                            test in which compliance
                                                            was demonstrated.
8. Glaze spray operation equipped   a. Each emission       i. Conducting daily
 with a water curtain.               limit in Table 1 to    inspections to verify the
                                     this subpart and       presence of water flow to
                                     each operating limit   the wet control system;
                                     in Item 8 of Table 2   and
                                     to this subpart for
                                     kilns equipped with
                                     a water curtain.
                                                           ii. Conducting annual
                                                            inspections of the
                                                            interior of the control
                                                            equipment (if applicable)
                                                            to determine the
                                                            structural integrity and
                                                            condition of the control
                                                            equipment; and
                                                           iii. Recording as
                                                            deviations any
                                                            observations of
                                                            particulates or other
                                                            impurities getting into
                                                            the glaze that has been
                                                            sprayed onto a piece of
                                                            ware and completing
                                                            corrective actions in
                                                            accordance with your OM&M
                                                            plan.
9. Glaze spray operation equipped   Each emission limit    Conducting an annual
 with baffles.                       in Table 1 to this     visual inspection of the
                                     subpart and each       baffles to confirm the
                                     operating limit in     baffles are in place.
                                     Item 9 of Table 2 to
                                     this subpart for
                                     kilns equipped with
                                     baffles.
10. Spray dryer...................  Each emission limit    Collecting the operating
                                     in Table 1 to this     temperature data
                                     subpart and each       according to Sec.
                                     operating limit in     63.8600(a); reducing the
                                     Item 10 of Table 2     operating temperature
                                     to this subpart for    data to 4-hour block
                                     spray dryers.          averages according to
                                                            Sec.   63.8600(a);
                                                            maintaining the average
                                                            operating temperature for
                                                            each 4-hour block period
                                                            at or above the average
                                                            operating temperature
                                                            established during the
                                                            dioxin/furan performance
                                                            test in which compliance
                                                            was demonstrated.

[[Page 507]]

 
11. Floor tile press dryer........  Each emission limit    Collecting the operating
                                     in Table 1 to this     temperature data
                                     subpart and each       according to Sec.
                                     operating limit in     63.8600(a); reducing the
                                     Item 11 of Table 2     operating temperature
                                     to this subpart for    data to 4-hour block
                                     floor tile press       averages according to
                                     dryers.                Sec.   63.8600(a);
                                                            maintaining the average
                                                            operating temperature for
                                                            each 4-hour block period
                                                            at or below the average
                                                            operating temperature
                                                            established during the
                                                            dioxin/furan performance
                                                            test in which compliance
                                                            was demonstrated.
12. Sanitaryware shuttle kiln.....  a. Minimize HAP        i. Maintaining records
                                     emissions.             documenting your use of
                                                            natural gas, or an
                                                            equivalent fuel, as the
                                                            kiln fuel at all times
                                                            except during periods of
                                                            natural gas curtailment
                                                            or supply interruption;
                                                            and
                                                           ii. If you intend to use
                                                            an alternative fuel,
                                                            submitting a notification
                                                            of alternative fuel use
                                                            within 48 hours of the
                                                            declaration of a period
                                                            of natural gas
                                                            curtailment or supply
                                                            interruption, as defined
                                                            in Sec.   63.8665; and.
                                                           iii. Submitting a report
                                                            of alternative fuel use
                                                            within 10 working days
                                                            after terminating the use
                                                            of the alternative fuel,
                                                            as specified in Sec.
                                                            63.8635(g); and
                                                           iv. Using a designed
                                                            firing time and
                                                            temperature cycle for
                                                            each sanitaryware shuttle
                                                            kiln; and
                                                           v. For each firing load,
                                                            documenting the total
                                                            tonnage of greenware
                                                            placed in the kiln to
                                                            ensure that it is not
                                                            greater than the maximum
                                                            load identified in Item
                                                            1.a.iii of Table 3 to
                                                            this subpart; and
                                                           vi. Following maintenance
                                                            procedures for each kiln
                                                            that, at a minimum,
                                                            specify the frequency of
                                                            inspection and
                                                            maintenance of
                                                            temperature monitoring
                                                            devices, controls that
                                                            regulate air-to-fuel
                                                            ratios, and controls that
                                                            regulate firing cycles;
                                                            and
                                                           vii. Developing and
                                                            maintaining records for
                                                            each sanitaryware shuttle
                                                            kiln, as specified in
                                                            Sec.   63.8640.
----------------------------------------------------------------------------------------------------------------


[84 FR 58619, Nov. 1, 2019]



       Sec. Table 8 to Subpart KKKKK of Part 63--Compliance Dates

    As stated in Sec.  63.8545, you must meet each compliance date in 
the following table that applies to you:

------------------------------------------------------------------------
   If you have a(n) . . .      Then you must . . .   No later than . . .
------------------------------------------------------------------------
1. New or reconstructed       Comply with the       December 28, 2015.
 affected source and the       applicable emission
 initial startup of your       limitations and
 affected source is after      work practice
 December 18, 2014, but        standards in Tables
 before December 28, 2015.     1, 2, and 3 to this
                               subpart.
2. New or reconstructed       Comply with the       Initial startup of
 affected source and the       applicable emission   your affected
 initial startup of your       limitations and       source.
 affected source is after      work practice
 December 28, 2015.            standards in Tables
                               1, 2, and 3 to this
                               subpart.
3. Existing affected source.  Comply with the       December 26, 2018.
                               applicable emission
                               limitations and
                               work practice
                               standards in Tables
                               1, 2, and 3 to this
                               subpart.

[[Page 508]]

 
4. Existing area source that  Be in compliance      Initial startup of
 increases its emissions or    with this subpart.    your affected
 its potential to emit such                          source as a major
 that it becomes a major                             source.
 source of HAP by adding a
 new affected source or by
 reconstructing.
5. New area source (i.e., an  Be in compliance      Initial startup of
 area source for which         with this subpart.    your affected
 construction or                                     source as a major
 reconstruction commenced                            source.
 after December 18, 2014)
 that increases its
 emissions or its potential
 to emit such that it
 becomes a major source of
 HAP.
------------------------------------------------------------------------



   Sec. Table 9 to Subpart KKKKK of Part 63--Deadlines for Submitting 
                              Notifications

    As stated in Sec.  63.8630, you must submit each notification that 
applies to you according to the following table:

----------------------------------------------------------------------------------------------------------------
             If you . . .                   You must . . .        No later than . . .     As specified in . . .
----------------------------------------------------------------------------------------------------------------
1. Start up your affected source       Submit an Initial        June 22, 2016, or no     Sec.   63.9(b)(2).
 before December 28, 2015.              Notification.            later than 120 days
                                                                 after the source
                                                                 becomes subject to
                                                                 this subpart,
                                                                 whichever is later.
2. Start up your new or reconstructed  Submit an Initial        120 calendar days after  Sec.   63.9(b)(2).
 affected source on or after December   Notification.            you become subject to
 28, 2015.                                                       this subpart.
3. Are required to conduct a           Submit a notification    60 calendar days before  Sec.   63.7(b)(1).
 performance test.                      of intent to conduct a   the performance test
                                        performance test.        is scheduled to begin.
4. Are required to conduct a           Submit a Notification    60 calendar days         Sec.   63.9(h) and Sec.
 compliance demonstration that          of Compliance Status,    following the              63.10(d)(2).
 includes a performance test            including the            completion of the
 according to the requirements in       performance test         performance test, by
 Table 4 to this subpart.               results.                 the close of business.
5. Are required to conduct a           Submit a Notification    30 calendar days         Sec.   63.9(h).
 compliance demonstration required in   of Compliance Status.    following the
 Table 6 to this subpart that does                               completion of the
 not include a performance test                                  compliance
 (i.e., compliance demonstrations for                            demonstrations, by the
 the work practice standards).                                   close of business.
6. Request to use the routine control  Submit your request....  120 calendar days
 device maintenance alternative                                  before the compliance
 standard according to Sec.                                      date specified in Sec.
 63.8570(d).                                                       63.8545.
7. Own or operate an affected kiln     Submit a notification    48 hours following the   .......................
 that is subject to the work practice   of alternative fuel      declaration of a
 standard specified in Item 1 of        use.                     period of natural gas
 Table 3 to this subpart, and you                                curtailment or supply
 intend to use a fuel other than                                 interruption, as
 natural gas or equivalent to fire                               defined in Sec.
 the affected kiln.                                              63.8665.
----------------------------------------------------------------------------------------------------------------


[80 FR 65543, Oct. 26, 2015, as amended at 85 FR 73915, Nov. 19, 2020]



   Sec. Table 10 to Subpart KKKKK of Part 63--Requirements for Reports

    As stated in Sec.  63.8635, you must submit each report that applies 
to you according to the following table:

[[Page 509]]



------------------------------------------------------------------------
                                 The report must     You must submit the
    You must submit . . .         contain . . .         report . . .
------------------------------------------------------------------------
1. A compliance report......  a. If there are no    Semiannually
                               deviations from any   according to the
                               emission              requirements in
                               limitations or work   Sec.   63.8635(b).
                               practice standards
                               that apply to you,
                               a statement that
                               there were no
                               deviations from the
                               emission
                               limitations or work
                               practice standards
                               during the
                               reporting period.
                               If there were no
                               periods during
                               which the CMS was
                               out-of-control as
                               specified in your
                               OM&M plan, a
                               statement that
                               there were no
                               periods during
                               which the CMS was
                               out-of-control
                               during the
                               reporting period.
                              b. If you have a      Semiannually
                               deviation from any    according to the
                               emission limitation   requirements in
                               (emission limit,      Sec.   63.8635(b).
                               operating limit)
                               during the
                               reporting period,
                               the report must
                               contain the
                               information in Sec.
                                 63.8635(c)(8). If
                               there were periods
                               during which the
                               CMS was out-of-
                               control, as
                               specified in your
                               OM&M plan, the
                               report must contain
                               the information in
                               Sec.   63.8635(d).
2. A report of alternative    The information in    If you are subject
 fuel use.                     Sec.   63.8635(g).    to the work
                                                     practice standards
                                                     specified in Table
                                                     3 to this subpart,
                                                     and you use an
                                                     alternative fuel to
                                                     fire an affected
                                                     kiln, by letter
                                                     within 10 working
                                                     days after
                                                     terminating the use
                                                     of the alternative
                                                     fuel.
------------------------------------------------------------------------



  Sec. Table 11 to Subpart KKKKK of Part 63--Applicability of General 
                       Provisions to Subpart KKKKK

    As stated in Sec.  63.8655, you must comply with the General 
Provisions in Sec. Sec.  63.1 through 63.16 that apply to you according 
to the following table:

----------------------------------------------------------------------------------------------------------------
            Citation                   Subject          Brief description         Applies to subpart KKKKK?
----------------------------------------------------------------------------------------------------------------
Sec.   63.1....................  Applicability.....  Initial applicability   Yes.
                                                      determination;
                                                      applicability after
                                                      standard established;
                                                      permit requirements;
                                                      extensions,
                                                      notifications.
Sec.   63.2....................  Definitions.......  Definitions for part    Yes.
                                                      63 standards.
Sec.   63.3....................  Units and           Units and               Yes.
                                  Abbreviations.      abbreviations for
                                                      part 63 standards.
Sec.   63.4....................  Prohibited          Compliance date;        Yes.
                                  Activities.         circumvention;
                                                      severability.
Sec.   63.5....................  Construction/       Applicability;          Yes.
                                  Reconstruction.     applications;
                                                      approvals.
Sec.   63.6(a).................  Applicability.....  General Provisions      Yes.
                                                      (GP) apply unless
                                                      compliance extension;
                                                      GP apply to area
                                                      sources that become
                                                      major.
Sec.   63.6(b)(1)-(4)..........  Compliance Dates    Standards apply at      Yes.
                                  for New and         effective date; 3
                                  Reconstructed       years after effective
                                  sources.            date; upon startup;
                                                      10 years after
                                                      construction or
                                                      reconstruction
                                                      commences for section
                                                      112(f).
Sec.   63.6(b)(5)..............  Notification......  Must notify if          Yes.
                                                      commenced
                                                      construction or
                                                      reconstruction after
                                                      proposal.
Sec.   63.6(b)(6)..............  [Reserved]........
Sec.   63.6(b)(7)..............  Compliance Dates    Area sources that       Yes.
                                  for New and         become major must
                                  Reconstructed       comply with major
                                  Area Sources That   source standards
                                  Become Major.       immediately upon
                                                      becoming major,
                                                      regardless of whether
                                                      required to comply
                                                      when they were area
                                                      sources.
Sec.   63.6(c)(1)-(2)..........  Compliance Dates    Comply according to     Yes.
                                  for Existing        date in subpart,
                                  Sources.            which must be no
                                                      later than 3 years
                                                      after effective date;
                                                      for section 112(f)
                                                      standards, comply
                                                      within 90 days of
                                                      effective date unless
                                                      compliance extension.
Sec.   63.6(c)(3)-(4)..........  [Reserved]........  ......................  No.

[[Page 510]]

 
Sec.   63.6(c)(5)..............  Compliance Dates    Area sources that       Yes.
                                  for Existing Area   become major must
                                  Sources That        comply with major
                                  Become Major.       source standards by
                                                      date indicated in
                                                      subpart or by
                                                      equivalent time
                                                      period (for example,
                                                      3 years).
Sec.   63.6(d).................  [Reserved]........  ......................  No.
Sec.   63.6(e)(1)(i)...........  Operation &         General Duty to         No. See Sec.   63.8570(b) for
                                  Maintenance.        minimize emissions.     general duty requirement.
Sec.   63.6(e)(1)(ii)..........  Operation &         Requirement to correct  No.
                                  Maintenance.        malfunctions ASAP.
Sec.   63.6(e)(1)(iii).........  Operation &         Operation and           Yes.
                                  Maintenance.        maintenance
                                                      requirements
                                                      enforceable
                                                      independent of
                                                      emissions limitations.
Sec.   63.6(e)(2)..............  [Reserved]........  ......................  No.
Sec.   63.6(e)(3)..............  Startup, Shutdown,  Requirement for         No.
                                  and Malfunction     startup, shutdown,
                                  Plan (SSMP).        and malfunction (SSM)
                                                      and SSMP; content of
                                                      SSMP.
Sec.   63.6(f)(1)..............  Compliance Except   You must comply with    No.
                                  During SSM.         emission standards at
                                                      all times except
                                                      during SSM.
Sec.   63.6(f)(2)-(3)..........  Methods for         Compliance based on     Yes.
                                  Determining         performance test,
                                  Compliance.         operation and
                                                      maintenance plans,
                                                      records, inspection.
Sec.   63.6(g).................  Alternative         Procedures for getting  Yes.
                                  Standard.           an alternative
                                                      standard.
Sec.   63.6(h).................  Opacity/VE          Requirements for        No, not applicable.
                                  Standards.          opacity and VE
                                                      standards.
Sec.   63.6(i).................  Compliance          Procedures and          Yes.
                                  Extension.          criteria for
                                                      Administrator to
                                                      grant compliance
                                                      extension.
Sec.   63.6(j).................  Presidential        President may exempt    Yes.
                                  Compliance          source category.
                                  Exemption.
Sec.   63.7(a)(1)-(2)..........  Performance Test    Dates for conducting    Yes.
                                  Dates.              initial performance
                                                      testing and other
                                                      compliance
                                                      demonstrations for
                                                      emission limits and
                                                      work practice
                                                      standards; must
                                                      conduct 180 days
                                                      after first subject
                                                      to rule.
Sec.   63.7(a)(3)..............  Section 114         Administrator may       Yes.
                                  Authority.          require a performance
                                                      test under CAA
                                                      section 114 at any
                                                      time.
Sec.   63.7(a)(4)..............  Notification of     Must notify             Yes.
                                  Delay in            Administrator of
                                  Performance         delay in performance
                                  Testing Due To      testing due to force
                                  Force Majeure.      majeure.
Sec.   63.7(b)(1)..............  Notification of     Must notify             Yes.
                                  Performance Test.   Administrator 60 days
                                                      before the test.
Sec.   63.7(b)(2)..............  Notification of     Must notify             Yes.
                                  Rescheduling.       Administrator 5 days
                                                      before scheduled date
                                                      of rescheduled date.
Sec.   63.7(c).................  Quality Assurance   Requirements; test      Yes.
                                  (QA)/Test Plan.     plan approval
                                                      procedures;
                                                      performance audit
                                                      requirements;
                                                      internal and external
                                                      QA procedures for
                                                      testing.
Sec.   63.7(d).................  Testing Facilities  Requirements for        Yes.
                                                      testing facilities.
Sec.   63.7(e)(1)..............  Conditions for      Performance tests must  No, Sec.   63.8595 specifies
                                  Conducting          be conducted under      requirements.
                                  Performance Tests.  representative
                                                      conditions.
                                                     Cannot conduct          Yes.
                                                      performance tests
                                                      during SSM; not a
                                                      violation to exceed
                                                      standard during SSM.
Sec.   63.7(e)(2)-(3)..........  Conditions for      Must conduct according  Yes.
                                  Conducting          to subpart and EPA
                                  Performance Tests.  test methods unless
                                                      Administrator
                                                      approves alternative;
                                                      must have at least
                                                      three test runs of at
                                                      least 1 hour each;
                                                      compliance is based
                                                      on arithmetic mean of
                                                      three runs;
                                                      conditions when data
                                                      from an additional
                                                      test run can be used.
Sec.   63.7(e)(4)..............  Testing under       Administrator's         Yes.
                                  Section 114.        authority to require
                                                      testing under section
                                                      114 of the Act.
Sec.   63.7(f).................  Alternative Test    Procedures by which     Yes.
                                  Method.             Administrator can
                                                      grant approval to use
                                                      an alternative test
                                                      method.
Sec.   63.7(g).................  Performance Test    Must include raw data   Yes.
                                  Data Analysis.      in performance test
                                                      report; must submit
                                                      performance test data
                                                      60 days after end of
                                                      test with the
                                                      notification of
                                                      compliance status.
Sec.   63.7(h).................  Waiver of Tests...  Procedures for          Yes.
                                                      Administrator to
                                                      waive performance
                                                      test.

[[Page 511]]

 
Sec.   63.8(a)(1)..............  Applicability of    Subject to all          Yes.
                                  Monitoring          monitoring
                                  Requirements.       requirements in
                                                      subpart.
Sec.   63.8(a)(2)..............  Performance         Performance             Yes.
                                  Specifications.     Specifications in
                                                      appendix B of 40 CFR
                                                      part 60 apply.
Sec.   63.8(a)(3)..............  [Reserved]........  ......................  No.
Sec.   63.8(a)(4)..............  Monitoring with     Requirements for        No, not applicable.
                                  Flares.             flares in Sec.
                                                      63.11 apply.
Sec.   63.8(b)(1)..............  Monitoring........  Must conduct            Yes.
                                                      monitoring according
                                                      to standard unless
                                                      Administrator
                                                      approves alternative.
Sec.   63.8(b)(2)-(3)..........  Multiple Effluents  Specific requirements   Yes.
                                  and Multiple        for installing and
                                  Monitoring          reporting on
                                  Systems.            monitoring systems.
Sec.   63.8(c)(1)..............  Monitoring System   Maintenance consistent  Yes.
                                  Operation and       with good air
                                  Maintenance.        pollution control
                                                      practices.
Sec.   63.8(c)(1)(i)...........  Routine and         Reporting requirements  No.
                                  Predictable SSM.    for SSM when action
                                                      is described in SSMP.
Sec.   63.8(c)(1)(ii)..........  SSM not in SSMP...  Reporting requirements  Yes.
                                                      for SSM when action
                                                      is not described in
                                                      SSMP.
Sec.   63.8(c)(1)(iii).........  Compliance with     How Administrator       No.
                                  Operation and       determines if source
                                  Maintenance         complying with
                                  Requirements.       operation and
                                                      maintenance
                                                      requirements.
Sec.   63.8(c)(2)-(3)..........  Monitoring System   Must install to get     Yes.
                                  Installation.       representative
                                                      emission and
                                                      parameter
                                                      measurements.
Sec.   63.8(c)(4)..............  CMS Requirements..  Requirements for CMS..  No, Sec.   63.8600 specifies
                                                                              requirements.
Sec.   63.8(c)(5)..............  Continuous Opacity  COMS minimum            No, not applicable.
                                  Monitoring System   procedures.
                                  (COMS) Minimum
                                  Procedures.
Sec.   63.8(c)(6)..............  CMS Requirements..  Zero and high level     Yes.
                                                      calibration check
                                                      requirements.
Sec.   63.8(c)(7)-(8)..........  CMS Requirements..  Out-of-control periods  Yes.
Sec.   63.8(d)(1) and (2)......  CMS Quality         Requirements for CMS    Yes.
                                  Control.            quality control.
Sec.   63.8(d)(3)..............  CMS Quality         Written procedures for  No, Sec.   63.8575(b)(9) specifies
                                  Control.            CMS.                    requirements.
Sec.   63.8(e).................  CMS Performance     Requirements for CMS    Yes.
                                  Evaluation.         performance
                                                      evaluation.
Sec.   63.8(f)(1)-(5)..........  Alternative         Procedures for          Yes.
                                  Monitoring Method.  Administrator to
                                                      approve alternative
                                                      monitoring.
Sec.   63.8(f)(6)..............  Alternative to      Procedures for          No, not applicable.
                                  Relative Accuracy   Administrator to
                                  Test.               approve alternative
                                                      relative accuracy
                                                      test for continuous
                                                      emission monitoring
                                                      systems (CEMS).
Sec.   63.8(g).................  Data Reduction....  COMS and CEMS data      No, not applicable.
                                                      reduction
                                                      requirements.
Sec.   63.9(a).................  Notification        Applicability; State    Yes.
                                  Requirements.       delegation.
Sec.   63.9(b).................  Initial             Requirements for        Yes.
                                  Notifications.      initial notifications.
Sec.   63.9(c).................  Request for         Can request if cannot   Yes.
                                  Compliance          comply by date or if
                                  Extension.          installed BACT/LAER.
Sec.   63.9(d).................  Notification of     For sources that        Yes.
                                  Special             commence construction
                                  Compliance          between proposal and
                                  Requirements for    promulgation and want
                                  New Source.         to comply 3 years
                                                      after effective date.
Sec.   63.9(e).................  Notification of     Notify Administrator    Yes.
                                  Performance Test.   60 days prior.
Sec.   63.9(f).................  Notification of VE/ Notify Administrator    No, not applicable.
                                  Opacity Test.       30 days prior.
Sec.   63.9(g)(1)..............  Additional          Notification of         Yes.
                                  Notifications       performance
                                  When Using CMS.     evaluation.
Sec.   63.9(g)(2)-(3)..........  Additional          Notification of COMS    No, not applicable.
                                  Notifications       data use;
                                  When Using CMS.     notification that
                                                      relative accuracy
                                                      alternative criterion
                                                      were exceeded.
Sec.   63.9(h).................  Notification of     Contents; submittal     Yes.
                                  Compliance Status.  requirements.
Sec.   63.9(i).................  Adjustment of       Procedures for          Yes.
                                  Submittal           Administrator to
                                  Deadlines.          approve change in
                                                      when notifications
                                                      must be submitted.

[[Page 512]]

 
Sec.   63.9(j).................  Change in Previous  Must submit within 15   Yes.
                                  Information.        days after the change.
Sec.   63.9(k).................  Electronic          Electronic reporting    Yes.
                                  reporting           procedures for
                                  procedures.         notifications per
                                                      Sec.   63.9(j).
Sec.   63.10(a)................  Recordkeeping/      Applicability; general  Yes.
                                  Reporting.          information.
Sec.   63.10(b)(1).............  General             General requirements..  Yes.
                                  Recordkeeping
                                  Requirements.
Sec.   63.10(b)(2)(i)..........  Records Related to  Recordkeeping of        No.
                                  SSM.                occurrence and
                                                      duration of startups
                                                      and shutdowns.
Sec.   63.10(b)(2)(ii).........  Records Related to  Recordkeeping of        No. See Sec.   63.8640(c)(2) for
                                  SSM.                failures to meet a      recordkeeping of (1) date, time
                                                      standard.               and duration; (2) listing of
                                                                              affected source or equipment, and
                                                                              an estimate of the volume of each
                                                                              regulated pollutant emitted over
                                                                              the standard; and (3) actions to
                                                                              minimize emissions and correct the
                                                                              failure.
Sec.   63.10(b)(2)(iii)........  Records Related to  Maintenance records...  Yes.
                                  SSM.
Sec.   63.10(b)(2)(iv)-(v).....  Records Related to  Actions taken to        No.
                                  SSM.                minimize emissions
                                                      during SSM.
Sec.   63.10(b)(2)(vi)-(xii)     CMS Records.......  Records when CMS is     Yes.
 and (xiv).                                           malfunctioning,
                                                      inoperative or out-of-
                                                      control.
Sec.   63.10(b)(2)(xiii).......  Records...........  Records when using      No, not applicable.
                                                      alternative to
                                                      relative accuracy
                                                      test.
Sec.   63.10(b)(3).............  Records...........  Applicability           Yes.
                                                      Determinations.
Sec.   63.10(c)(1)-(15)........  Records...........  Additional records for  No, Sec.  Sec.   63.8575 and
                                                      CMS.                    63.8640 specify requirements.
Sec.   63.10(d)(1) and (2).....  General Reporting   Requirements for        Yes.
                                  Requirements.       reporting;
                                                      performance test
                                                      results reporting.
Sec.   63.10(d)(3).............  Reporting Opacity   Requirements for        No, not applicable.
                                  or VE               reporting opacity and
                                  Observations.       VE.
Sec.   63.10(d)(4).............  Progress Reports..  Must submit progress    Yes.
                                                      reports on schedule
                                                      if under compliance
                                                      extension.
Sec.   63.10(d)(5).............  SSM Reports.......  Contents and            No. See Sec.   63.8635(c)(8) for
                                                      submission.             malfunction reporting
                                                                              requirements.
Sec.   63.10(e)(1)-(3).........  Additional CMS      Requirements for CMS    No, Sec.  Sec.   63.8575 and
                                  Reports.            reporting.              63.8635 specify requirements.
Sec.   63.10(e)(4).............  Reporting COMS      Requirements for        No, not applicable.
                                  data.               reporting COMS data
                                                      with performance test
                                                      data.
Sec.   63.10(f)................  Waiver for          Procedures for          Yes.
                                  Recordkeeping/      Administrator to
                                  Reporting.          waive.
Sec.   63.11...................  Flares............  Requirement for flares  No, not applicable.
Sec.   63.12...................  Delegation........  State authority to      Yes.
                                                      enforce standards.
Sec.   63.13...................  Addresses.........  Addresses for reports,  Yes.
                                                      notifications,
                                                      requests.
Sec.   63.14...................  Incorporation by    Materials incorporated  Yes.
                                  Reference.          by reference.
Sec.   63.15...................  Availability of     Information             Yes.
                                  Information.        availability;
                                                      confidential
                                                      information.
Sec.   63.16...................  Performance Track   Requirements for        Yes.
                                  Provisions.         Performance Track
                                                      member facilities.
----------------------------------------------------------------------------------------------------------------


[80 FR 65543, Oct. 26, 2015, as amended at 85 FR 73915, Nov. 19, 2020]



Subpart LLLLL_National Emission Standards for Hazardous Air Pollutants: 
          Asphalt Processing and Asphalt Roofing Manufacturing

    Source: 68 FR 24577, May 7, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.8680  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for existing and new asphalt processing and 
asphalt roofing manufacturing facilities. This subpart also establishes 
requirements to demonstrate initial and continuous

[[Page 513]]

compliance with the emission limitations.



Sec.  63.8681  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an asphalt 
processing facility or an asphalt roofing manufacturing facility, as 
defined in Sec.  63.8698, that is a major source as defined in Sec.  
63.2, or is located at, or is part of a major source as defined in Sec.  
63.2.
    (b) After the applicable compliance date specified in Sec.  63.8683, 
blowing stills, asphalt storage tanks, saturators, wet loopers, and 
coaters subject to the provisions of this subpart that are also subject 
to 40 CFR part 60, subpart UU, are required to comply only with 
provisions of this subpart.
    (c) This subpart does not apply to any equipment that is subject to 
subpart CC of this part or to subpart K, Ka, or Kb of 40 CFR part 60.
    (d) This subpart does not apply to asphalt processing and asphalt 
roofing manufacturing equipment used for research and development, as 
defined in Sec.  63.8698.
    (e) The provisions of subpart J of 40 CFR part 60 do not apply to 
emissions from asphalt processing facilities subject to this subpart.
    (f) [Reserved]

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005; 85 
FR 14548, Mar. 12, 2020]



Sec.  63.8682  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at asphalt processing and asphalt roofing manufacturing 
facilities.
    (b) The affected source is:
    (1) Each asphalt processing facility as defined in Sec.  63.8698; or
    (2) Each asphalt roofing manufacturing line as defined in Sec.  
63.8698.
    (i) If the asphalt roofing manufacturing line is collocated with an 
asphalt processing facility, the storage tanks that store asphalt flux 
intended for oxidation in the blowing stills and those tanks that 
receive asphalt directly from the on-site blowing stills are part of the 
asphalt processing facility. The remaining asphalt storage tanks are 
considered to be part of the asphalt roofing facility.
    (ii) If an asphalt storage tank is shared by two or more lines at an 
asphalt roofing manufacturing facility, the shared storage tank is 
considered part of the line to which the tank supplies the greatest 
amount of asphalt, on an annual basis.
    (iii) If a sealant or adhesive applicator is shared by two or more 
asphalt roofing manufacturing lines, the shared applicator is considered 
part of the line that provides the greatest throughput to the 
applicator, on an annual basis.
    (c) An affected source is a new affected source if you commenced 
construction of the affected source after November 21, 2001, and you met 
the applicability criteria at the time you commenced construction.
    (d) An affected source is reconstructed if you meet the criteria in 
the reconstruction definition in Sec.  63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.



Sec.  63.8683  When must I comply with this subpart?

    (a) If you have a new or reconstructed affected source and start up:
    (1) On or before April 29, 2003, then you must comply with the 
requirements for new and reconstructed sources in this subpart no later 
than April 29, 2003.
    (2) After April 29, 2003, then you must comply with the requirements 
for new and reconstructed sources in this subpart upon startup.
    (b) If you have an existing affected source, you must comply with 
the requirements for existing sources no later than May 1, 2006.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a (or part of a) major source as 
defined in Sec.  63.2, then the following requirements apply:
    (1) Any portion of the existing facility that becomes a new or 
reconstructed affected source must be in compliance with this subpart 
upon startup or by April 29, 2003, whichever is later.
    (2) All other parts of the source to which this subpart applies must 
be in compliance with this subpart by 3

[[Page 514]]

years after the date the source becomes a major source.
    (d) You must meet the notification requirements in Sec.  63.8692 
according to the schedules in Sec. Sec.  63.8692 and 63.9(a) through (f) 
and (h). Some of the notifications must be submitted before you are 
required to comply with the emission limitations in this subpart.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14548, Mar. 12, 2020]

                          Emission Limitations



Sec.  63.8684  What emission limitations and operating limits must
I meet?

    (a) You must meet each emission limitation in Table 1 to this 
subpart that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14548, Mar. 12, 2020]

                     General Compliance Requirements



Sec.  63.8685  What are my general requirements for complying with this
subpart?

    (a) Before September 9, 2020, you must be in compliance with the 
emission limitations (including operating limits) in this subpart at all 
times, except during periods of startup, shutdown, and malfunction. On 
and after September 9, 2020, you must be in compliance with the emission 
limitations (including operating limits) in this subpart 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.
    (b) Before September 9, 2020, you must always operate and maintain 
your affected source, including air pollution control and monitoring 
equipment, according to the provisions in Sec.  63.6(e)(1)(i). On and 
after September 9, 2020, at all times, you must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require you to make any further 
efforts to reduce emissions if levels required by the applicable 
standard have been achieved. Determination of whether a source is 
operating in compliance with operation and maintenance requirements will 
be based on information available to the Administrator that may include, 
but is not limited to, monitoring results, review of operation and 
maintenance procedures, review of operation and maintenance records, and 
inspection of the affected source.
    (c) Before September 9, 2020, you must develop a written startup, 
shutdown, and malfunction plan (SSMP) according to the provisions in 
Sec.  63.6(e)(3). On and after September 9, 2020, a startup, shutdown, 
and malfunction plan is not required.
    (d) You must develop and implement a written site-specific 
monitoring plan according to the provisions in Sec.  63.8688(g) and (h).

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 85 
FR 14549, Mar. 12, 2020]

               Testing and Initial Compliance Requirements



Sec.  63.8686  By what date must I conduct initial performance tests or
other initial compliance demonstrations?

    (a) For existing affected sources, you must conduct initial 
performance tests no later than 180 days after the compliance date that 
is specified for your source in Sec.  63.8683 and according to the 
provisions in Sec.  63.7(a)(2).
    (b) As an alternative to the requirement specified in paragraph (a) 
of this section, you may use the results of a previously-conducted 
emission test to demonstrate compliance with the emission limitations in 
this subpart if you demonstrate to the Administrator's satisfaction 
that:
    (1) No changes have been made to the process since the time of the 
emission test; and
    (2) The operating conditions and test methods used during testing 
conform to the requirements of this subpart; and
    (3) The control device and process parameter values established 
during the previously-conducted emission test are used to demonstrate 
continuous compliance with this subpart; and

[[Page 515]]

    (4) The previously-conducted emission test was completed within the 
last 60 months.
    (c) For new sources, you must demonstrate initial compliance no 
later than 180 calendar days after April 29, 2003 or within 180 calendar 
days after startup of the source, whichever is later.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]



Sec.  63.8687  What performance tests, design evaluations, and other
procedures must I use?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Each performance test must be conducted under normal operating 
conditions and under the conditions specified in Table 3 to this 
subpart. Operations during periods of startup, shutdown, or nonoperation 
do not constitute representative conditions for purposes of conducting a 
performance test. You may not conduct performance tests during periods 
of malfunction. You must record the process information that is 
necessary to document operating conditions during the test and explain 
why the conditions represent normal operation. Upon request, you must 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (c) [Reserved]
    (d) Except for opacity and visible emission observations, you must 
conduct three separate test runs for each performance test required in 
this section, as specified in Sec.  63.7(e)(3). Each test run must last 
at least 1 hour.
    (e) You must use the following equations to determine compliance 
with the emission limitations.
    (1) To determine compliance with the particulate matter mass 
emission rate, you must use Equations 1 and 2 of this section as 
follows:

[GRAPHIC] [TIFF OMITTED] TR17MY05.000

Where:

E = Particulate matter emission rate, kilograms of particulate matter 
          per megagram of roofing product manufactured.
MPM = Particulate matter mass emission rate, kilograms per 
          hour, determined using Equation 2.
P = The asphalt roofing product manufacturing rate during the emissions 
          sampling period, including any material trimmed from the final 
          product, megagram per hour.
          [GRAPHIC] [TIFF OMITTED] TR17MY05.001
          
Where:

MPM = Particulate matter mass emission rate, kilograms per 
          hour.
C = Concentration of particulate matter on a dry basis, grams per dry 
          standard cubic meter (g/dscm), as measured by the test method 
          specified in Table 3 to this subpart.
Q = Vent gas stream flow rate (dry standard cubic meters per minute) at 
          a temperature of 20 [deg]C as measured by the test method 
          specified in Table 3 to this subpart.
K = Unit conversion constant (0.06 minute-kilogram/hour-gram).

    (2) To determine compliance with the total hydrocarbon percent 
reduction standard, you must use Equations 3 and 4 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17MY05.002

Where:

RE = Emission reduction efficiency, percent.
MTHCi = Mass flow rate of total hydrocarbons entering the 
          control device, kilograms per hour, determined using Equation 
          4.
MTHCo = Mass flow rate of total hydrocarbons exiting the 
          control device, kilograms per hour, determined using Equation 
          4.
          [GRAPHIC] [TIFF OMITTED] TR17MY05.003
          
Where:

MTHC = Total hydrocarbon mass flow rate, kilograms per hour.
C = Concentration of total hydrocarbons on a dry basis, parts per 
          million by volume (ppmv), as measured by the test method 
          specified in Table 3 to this subpart.

[[Page 516]]

Q = Vent gas stream flow rate (dscm/minute) at a temperature of 20 
          [deg]C as measured by the test method specified in Table 3 to 
          this subpart.
K = Unit conversion constant (1.10E-04 (ppmv) -1 (kilogram/
          dscm)(minute/hour)).

    (3) To determine compliance with the combustion efficiency standard, 
you must use Equation 5 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.004

Where:

CE = Combustion efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet, 
          parts per million by volume (dry), as measured by the test 
          method specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device 
          outlet, parts per million by volume (dry), as measured by the 
          test method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet, 
          parts per million by volume (dry), as measured by the test 
          method specified in Table 3 to this subpart.

    (4) To determine compliance with the total hydrocarbon destruction 
efficiency standard for a combustion device that does not use auxiliary 
fuel, you must use Equation 6 of this section as follows:
[GRAPHIC] [TIFF OMITTED] TR29AP03.005

Where:

THC DE = THC destruction efficiency, percent.
CO = Carbon monoxide concentration at the combustion device outlet, 
          parts per million by volume (dry), as measured by the test 
          method specified in Table 3 to this subpart.
CO2 = Carbon dioxide concentration at the combustion device 
          outlet, parts per million by volume (dry), as measured by the 
          test method specified in Table 3 to this subpart.
THC = Total hydrocarbon concentration at the combustion device outlet, 
          parts per million by volume (dry), as measured by the test 
          method specified in Table 3 to this subpart.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005; 85 
FR 14549, Mar. 12, 2020]



Sec.  63.8688  What are my monitoring installation, operation, and
maintenance requirements?

    (a) You must install, operate, and maintain each continuous 
parameter monitoring system (CPMS) according to the following:
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period.
    (2) To determine the 3-hour average, you must:
    (i) Have a minimum of four successive cycles of operation to have a 
valid hour of data.
    (ii) Have valid data from at least three of four equally spaced data 
values for that hour from a CPMS that is not out-of-control according to 
your site-specific monitoring plan.
    (iii) Determine the 3-hour average of all recorded readings for each 
operating day, except as stated in Sec.  63.8690(c). You must have at 
least two of the three hourly averages for that period using only hourly 
average values that are based on valid data (i.e., not from out-of-
control periods).
    (3) You must record the results of each inspection, calibration, and 
validation check.
    (b) For each temperature monitoring device, you must meet the 
requirements in paragraph (a) of this section and the following:
    (1) Locate the temperature sensor in a position that provides a 
representative temperature.
    (2) For a noncryogenic temperature range, use a temperature sensor 
with a

[[Page 517]]

minimum measurement sensitivity of 2.8 [deg]C or 1.0 percent of the 
temperature value, whichever is larger.
    (3) If a chart recorder is used, it must have a sensitivity in the 
minor division of at least 20 [deg]F.
    (4) Perform an accuracy check at least semiannually or following an 
operating parameter deviation:
    (i) According to the procedures in the manufacturer's documentation; 
or
    (ii) By comparing the sensor output to redundant sensor output; or
    (iii) By comparing the sensor output to the output from a calibrated 
temperature measurement device; or
    (iv) By comparing the sensor output to the output from a temperature 
simulator.
    (5) Conduct accuracy checks any time the sensor exceeds the 
manufacturer's specified maximum operating temperature range or install 
a new temperature sensor.
    (6) At least quarterly or following an operating parameter 
deviation, perform visual inspections of components if redundant sensors 
are not used.
    (c) For each pressure measurement device, you must meet the 
requirements of paragraph (a) of this section and the following:
    (1) Locate the pressure sensor(s) in, or as close as possible, to a 
position that provides a representative measurement of the pressure.
    (2) Use a gauge with a minimum measurement sensitivity of 0.12 
kiloPascals or a transducer with a minimum measurement sensitivity of 5 
percent of the pressure range.
    (3) Check pressure tap pluggage daily. Perform an accuracy check at 
least quarterly or following an operating parameter deviation:
    (i) According to the procedures in the manufacturer's documentation; 
or
    (ii) By comparing the sensor output to redundant sensor output.
    (4) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (5) At least monthly or following an operating parameter deviation, 
perform a leak check of all components for integrity, all electrical 
connections for continuity, and all mechanical connections for leakage.
    (6) At least quarterly or following an operating parameter 
deviation, perform visible inspections on all components if redundant 
sensors are not used.
    (d) For monitoring parameters other than temperature and pressure 
drop, you must install and operate a CPMS to provide representative 
measurements of the monitored parameters.
    (e) For each flare, you must install a device (including but not 
limited to a thermocouple, an ultraviolet beam sensor, or an infrared 
sensor) capable of continuously detecting the presence of a pilot flame.
    (f) As an option to installing the CPMS specified in paragraph (a) 
of this section, you may install a continuous emissions monitoring 
system (CEMS) or a continuous opacity monitoring system (COMS) that 
meets the applicable requirements in Sec.  63.8 according to Table 7 to 
this subpart and the applicable performance specifications of 40 CFR 
part 60, appendix B.
    (g) For each monitoring system required in this section, you must 
develop and make available for inspection by the permitting authority, 
upon request, a site-specific monitoring plan that addresses the 
following:
    (1) Installation of the CPMS, CEMS, or COMS 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);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (h) In your site-specific monitoring plan, you must also address the 
following:
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  63.8(c)(1)(ii), (c)(3), (c)(4)(ii), 
and (c)(7) and (8);

[[Page 518]]

    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with Sec. Sec.  63.8693 and 63.8694 and the general requirements of 
Sec.  63.10(e)(1) and (e)(2)(i).
    (i) You must conduct a performance evaluation of each CPMS, CEMS, or 
COMS in accordance with your site-specific monitoring plan.
    (j) You must operate and maintain the CPMS, CEMS, or COMS in 
continuous operation according to the site-specific monitoring plan.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]



Sec.  63.8689  How do I demonstrate initial compliance with the emission
limitations?

    (a) You must demonstrate initial compliance with each emission 
limitation that applies to you according to Table 4 to this subpart.
    (b) Except as specified in paragraph (d) of this section, you must 
establish each site-specific operating limit in Table 2 to this subpart 
that applies to you according to the requirements in Sec.  63.8687 and 
Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.8692(e).
    (d) For control devices used to comply with the particulate matter 
standards in Table 1 to this subpart, you may establish any of the 
operating limits for pressure drop range (i.e., a minimum and a maximum 
pressure drop) across the control device using manufacturers' 
specifications in lieu of complying with paragraph (b) of this section.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]

                   Continuous Compliance Requirements



Sec.  63.8690  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) You must monitor and collect data according to this section.
    (b) Before September 9, 2020, except for monitor malfunctions, 
associated repairs, and required quality assurance or control activities 
(including, as applicable, calibration checks and required zero and span 
adjustments), you must monitor continuously (or collect data at all 
required intervals) at all times that the affected source is operating 
including periods of startup, shutdown, and malfunction when the 
affected source is operating. On and after September 9, 2020, you must 
monitor and collect data at all times in accordance with Sec.  
63.8685(b), except during periods of nonoperation of the affected source 
(or specific portion thereof) resulting in cessation of the emissions to 
which this subpart applies.
    (c) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control activities 
in data averages and calculations used to report emission or operating 
levels, nor may such data be used in fulfilling a minimum data 
availability requirement, if applicable. You must use all the data 
collected during all other periods in assessing the operation of the 
control device and associated control system.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14549, Mar. 12, 2020]



Sec.  63.8691  How do I conduct periodic performance tests and demonstrate
continuous compliance with the emission limitations and operating limits?

    (a) You must demonstrate continuous compliance with each operating 
limit in Table 2 to this subpart that applies to you according to the 
procedures specified in Table 5 to this subpart, and you must conduct 
performance tests as specified in paragraph (e) of this section.
    (b) Before September 9, 2020, you must report each instance in which 
you did not meet each operating limit in Table 5 to this subpart that 
applies to you. This includes periods of startup, shutdown, and 
malfunction. These instances are deviations from the emission 
limitations in this subpart. These deviations must be reported according 
to the requirements in Sec.  63.8693. On and after September 9, 2020, 
you must report each instance in which you did not meet each operating 
limit in Table 5 to this subpart that applies to you, except

[[Page 519]]

during periods of nonoperation of the affected source (or specific 
portion thereof) resulting in cessation of the emissions to which this 
subpart applies.
    (c) [Reserved]
    (d) Before September 9, 2020, consistent with Sec. Sec.  63.6(e) and 
63.7(e)(1), deviations that occur during a period of startup, shutdown, 
or malfunction are not violations if you demonstrate to the 
Administrator's satisfaction that you were operating in accordance with 
Sec.  63.6(e)(1). The Administrator will determine whether deviations 
that occur during a period of startup, shutdown, or malfunction are 
violations, according to the provisions in Sec.  63.6(e). On and after 
September 9, 2020, this paragraph (d) no longer applies.
    (e) For each control device used to comply with the PM, THC, 
opacity, or visible emission standards of this subpart, you must conduct 
periodic performance tests using the applicable procedures specified in 
Sec.  63.8687 and Table 4 to this subpart to demonstrate compliance with 
Sec.  63.8684(a), and to confirm or reestablish the operating limits 
required by Sec.  63.8684(b). You must conduct periodic performance 
tests according to the schedule specified in paragraphs (e)(1) through 
(3) of this section.
    (1) Except as specified in paragraph (e)(3) of this section, for 
each existing affected source, and for each new and reconstructed 
affected source that commences construction or reconstruction after 
November 21, 2001 and on or before March 12, 2020, you must conduct the 
first periodic performance test on or before March 13, 2023. As an 
alternative to the first periodic performance test, you may use the 
results of a previously-conducted emission test to demonstrate 
compliance with the emission limitations in this subpart, such as tests 
for renewing your facility's operating permit under 40 CFR part 70 or 40 
CFR part 71, if you demonstrate to the Administrator's satisfaction that 
it meets the requirements of Sec.  63.8686(b)(1) through (4). The 
subsequent periodic performance tests must be conducted no later than 60 
months thereafter following the previous performance test.
    (2) Except as specified in paragraph (e)(3) of this section, for 
each new and reconstructed affected source that commences construction 
or reconstruction after March 12, 2020, you must conduct the first 
periodic performance test no later than 60 months following the initial 
performance test required by Sec.  63.8689. If you used the alternative 
compliance option specified in Sec.  63.8686(b) to comply with the 
initial performance test, then you must conduct the first periodic 
performance test no later than 60 months following the date you 
demonstrated to the Administrator that the requirements of Sec.  
63.8686(b) had been met.
    (3) If an affected source is not operating on the dates the periodic 
performance test is required to be conducted as specified in paragraph 
(e)(1) or (2) of this section, then you are not required to restart the 
affected source for the sole purpose of complying with paragraph (e)(1) 
or (2) of this section. Instead, upon restart of the affected source, 
you must conduct the first periodic performance test within 60 days of 
achieving normal operating conditions but no later than 180 days from 
startup. You must conduct subsequent periodic performance tests no later 
than 60 months thereafter following the previous performance test.

[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 85 
FR 14549, Mar. 12, 2020]

                   Notifications, Reports, and Records



Sec.  63.8692  What notifications must I submit and when?

    (a) You must submit all the notifications in Sec. Sec.  63.6(h)(4) 
and (5), 63.7(b) and (c), 63.8(f), and 63.9(b) through (f) and (h) that 
apply to you by the dates specified in these sections, except as 
provided in paragraphs (b) through (f) of this section.
    (b) As specified in Sec.  63.9(b)(2), if you start up your affected 
source before April 29, 2003, you must submit an Initial Notification 
not later than 120 calendar days after April 29, 2003, or no later than 
120 days after the source becomes subject to this subpart, whichever is 
later.
    (c) As specified in Sec.  63.9(b)(3), if you start up your new or 
reconstructed affected source on or after April 29, 2003, you must 
submit an Initial Notification not later than 120 calendar days

[[Page 520]]

after you become subject to this subpart.
    (d) If you are required to conduct a performance test, you must 
submit a notification of intent to conduct a performance test at least 
60 calendar days before the performance test is scheduled to begin, as 
required in Sec.  63.7(b)(1).
    (e) If you are required to conduct a performance test, design 
evaluation, opacity observation, visible emission observation, or other 
compliance demonstration as specified in Table 3 or 4 to this subpart, 
you must submit a Notification of Compliance Status according to Sec.  
63.9(h)(2)(ii). You must submit the Notification of Compliance Status, 
including the performance test results, before the close of business on 
the 60th calendar day following the completion of the performance test 
according to Sec.  63.10(d)(2). On and after September 9, 2020, you must 
submit all subsequent Notification of Compliance Status reports to EPA 
via the Compliance and Emissions Data Reporting Interface (CEDRI), which 
can be accessed through EPA's Central Data Exchange (CDX) (https://
cdx.epa.gov/). If you claim some of the information required to be 
submitted via CEDRI is confidential business information (CBI), then 
submit a complete report, including information claimed to be CBI, to 
EPA. Submit the file on a compact disc, flash drive, or other commonly 
used electronic storage medium and clearly mark the medium as CBI. Mail 
the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: 
Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same file with the CBI omitted must be submitted 
to EPA via EPA's CDX as described earlier in this paragraph (e). You may 
assert a claim of EPA system outage or force majeure for failure to 
timely comply with the reporting requirement in this paragraph (e) 
provided you meet the requirements outlined in Sec.  63.8693(h) or (i), 
as applicable.
    (f) If you are using data from a previously-conducted emission test 
to serve as documentation of conformance with the emission standards and 
operating limits of this subpart as specified in Sec.  63.8686(b), you 
must submit the test data in lieu of the initial performance test 
results with the Notification of Compliance Status required under 
paragraph (e) of this section.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14550, Mar. 12, 2020; 85 
FR 73916, Nov. 19, 2020]



Sec.  63.8693  What reports must I submit and when?

    (a) You must submit each report in Table 6 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each report 
by the date in Table 6 to this subpart and according to the following 
dates:
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.8683 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec.  63.8683.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for your 
affected source in Sec.  63.8683.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (5) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of the dates in paragraphs (b)(1) through (4) of this section.

[[Page 521]]

    (6) On and after September 9, 2020, you must submit all compliance 
reports to EPA via the CEDRI, which can be accessed through EPA's CDX 
(https://cdx.epa.gov/). You must use the appropriate electronic report 
template on the CEDRI website (https://www.epa.gov/electronic-reporting-
air-emissions/compliance-and-emissions-data-reporting-interface-cedri) 
for this subpart. The date report templates become available will be 
listed on the CEDRI website. The report must be submitted by the 
deadline specified in this subpart, regardless of the method in which 
the report is submitted. If you claim some of the information required 
to be submitted via CEDRI is CBI, submit a complete report, including 
information claimed to be CBI, to EPA. The report must be generated 
using the appropriate form on the CEDRI website or an alternate 
electronic file consistent with the extensible markup language (XML) 
schema listed on the CEDRI website. Submit the file on a compact disc, 
flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to EPA via EPA's CDX as described 
earlier in this paragraph (b)(6). You may assert a claim of EPA system 
outage or force majeure for failure to timely comply with the reporting 
requirement in this paragraph (b)(6) provided you meet the requirements 
outlined in Sec.  63.8693(h) or (i), as applicable.
    (c) The compliance report must contain the following information:
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) Before September 9, 2020, if you had a startup, shutdown, or 
malfunction during the reporting period and you took actions consistent 
with your SSMP, the compliance report must include the information in 
Sec.  63.10(d)(5)(i). On and after September 9, 2020, this paragraph 
(c)(4) no longer applies.
    (5) For each reporting period, you must include in the compliance 
report the total number of deviations that occurred during the reporting 
period. If there are no deviations from any emission limitations 
(emission limit, operating limit, opacity limit, and visible emission 
limit) in Sec.  63.8684 that apply to you, then you must include a 
statement that there were no deviations from the emission limitations 
during the reporting period.
    (6) If there were no periods during which the CPMS, CEMS, or COMS 
was out-of-control as specified in Sec.  63.8(c)(7), a statement that 
there were no periods during which the CPMS, CEMS, or COMS was out-of-
control during the reporting period.
    (d) For each deviation from an emission limitation (emission limit, 
operating limit, opacity limit, and visible emission limit) in Sec.  
63.8684, you must include in the compliance report the information in 
paragraphs (c)(1) through (6) of this section, and the information in 
paragraphs (d)(1) through (13) of this section.
    (1) The start date, start time, and duration of each malfunction.
    (2) For each instance that the CPMS, CEMS, or COMS was inoperative, 
except for zero (low-level) and high-level checks, the start date, start 
time, and duration that the CPMS, CEMS, or COMS was inoperative; the 
cause (including unknown cause) for the CPMS, CEMS, or COMS being 
inoperative; and descriptions of corrective actions taken.
    (3) For each instance that the CPMS, CEMS, or COMS was out-of-
control as specified in Sec.  63.8(c)(7), the start date, start time, 
and duration that the CPMS, CEMS, or COMS was out-of-control, including 
the information in Sec.  63.8(c)(8).
    (4) Before September 9, 2020, the start date, start time, and 
duration of the deviation, and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period. On 
and after September 9, 2020, the start date, start time, and duration of 
the deviation including a description of the deviation and the actions 
you took to minimize emissions

[[Page 522]]

in accordance with Sec.  63.8685(b). You must also include:
    (i) A list of the affected sources or equipment for which the 
deviation occurred;
    (ii) The cause of the deviation (including unknown cause, if 
applicable); and
    (iii) Any corrective actions taken to return the affected unit to 
its normal or usual manner of operation.
    (5) A summary of the total duration of the deviation during the 
reporting period and the total duration as a percent of the total source 
operating time during that reporting period.
    (6) Before September 9, 2020, a breakdown of the total duration of 
the deviations during the reporting period into those that are due to 
startup, shutdown, control equipment problems, process problems, other 
known causes, and other unknown causes. On and after September 9, 2020, 
a breakdown of the total duration of the deviations during the reporting 
period into those that are due to control equipment problems, process 
problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of CPMS, CEMS, or COMS downtime 
during the reporting period and the total duration of CPMS, CEMS, or 
COMS downtime as a percent of the total source operating time during 
that reporting period.
    (8) An identification of each air pollutant that was monitored at 
the affected source.
    (9) A brief description of the process units.
    (10) A brief description of the CPMS, CEMS, or COMS.
    (11) The date of the latest CPMS, CEMS, or COMS certification or 
audit.
    (12) A description of any changes in CPMS, CEMS, or COMS, processes, 
or controls since the last reporting period.
    (13) On and after September 9, 2020, for each deviation from an 
emission limitation in Sec.  63.8684, you must include an estimate of 
the quantity of each regulated pollutant emitted over any emission 
limitation in Sec.  63.8684, and a description of the method used to 
estimate the emissions.
    (e) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 6 to this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required 
information concerning deviations from any emission limitation 
(including any operating limit), submission of the compliance report 
shall be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a compliance 
report shall not otherwise affect any obligation the affected source may 
have to report deviations from permit requirements to the permit 
authority.
    (f) On and after September 9, 2020, within 60 days after the date of 
completing each performance test required by this subpart, you must 
submit the results of the performance test following the procedures 
specified in paragraphs (f)(1) through (3) of this section.
    (1) Data collected using test methods supported by EPA's Electronic 
Reporting Tool (ERT) as listed on EPA's ERT website (https://
www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-
tool-ert) at the time of the test. Submit the results of the performance 
test to EPA via the CEDRI, which can be accessed through EPA's CDX 
(https://cdx.epa.gov/). The data must be submitted in a file format 
generated through the use of EPA's ERT. Alternatively, you may submit an 
electronic file consistent with the XML schema listed on EPA's ERT 
website.
    (2) Data collected using test methods that are not supported by 
EPA's ERT as listed on EPA's ERT website at the time of the test. The 
results of the performance test must be included as an attachment in the 
ERT or an alternate electronic file consistent with the XML schema 
listed on EPA's ERT website. Submit

[[Page 523]]

the ERT generated package or alternative file to EPA via CEDRI.
    (3) CBI. If you claim some of the information submitted under 
paragraph (f)(1) of this section is CBI, you must submit a complete 
file, including information claimed to be CBI, to EPA. The file must be 
generated through the use of EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on EPA's ERT website. Submit the 
file on a compact disc, flash drive, or other commonly used electronic 
storage medium and clearly mark the medium as CBI. Mail the electronic 
medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted must be submitted to EPA via 
EPA's CDX as described in paragraph (f)(1) of this section.
    (g) On and after September 9, 2020, within 60 days after the date of 
completing each continuous monitoring system (CMS) performance 
evaluation (as defined in Sec.  63.2) as specified in your site-specific 
monitoring plan, you must submit the results of the performance 
evaluation following the procedures specified in paragraphs (g)(1) 
through (3) of this section.
    (1) Performance evaluations of CMS measuring relative accuracy test 
audit (RATA) pollutants that are supported by EPA's ERT as listed on 
EPA's ERT website at the time of the evaluation. Submit the results of 
the performance evaluation to EPA via CEDRI, which can be accessed 
through EPA's CDX. The data must be submitted in a file format generated 
through the use of EPA's ERT. Alternatively, you may submit an 
electronic file consistent with the XML schema listed on EPA's ERT 
website.
    (2) Performance evaluations of CMS measuring RATA pollutants that 
are not supported by EPA's ERT as listed on EPA's ERT website at the 
time of the evaluation. The results of the performance evaluation must 
be included as an attachment in the ERT or an alternate electronic file 
consistent with the XML schema listed on EPA's ERT website. Submit the 
ERT generated package or alternative file to EPA via CEDRI.
    (3) CBI. If you claim some of the information submitted under 
paragraph (g)(1) of this section is CBI, you must submit a complete 
file, including information claimed to be CBI, to EPA. The file must be 
generated through the use of EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on EPA's ERT website. Submit the 
file on a compact disc, flash drive, or other commonly used electronic 
storage medium and clearly mark the medium as CBI. Mail the electronic 
medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted must be submitted to EPA via 
EPA's CDX as described in paragraph (g)(1) of this section.
    (h) If you are required to electronically submit a report through 
CEDRI in EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with the reporting requirement in this section. 
To assert a claim of EPA system outage, you must meet the requirements 
outlined in paragraphs (h)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and

[[Page 524]]

    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (i) If you are required to electronically submit a report through 
CEDRI in EPA's CDX, you may assert a claim of force majeure for failure 
to timely comply with the reporting requirement in this section. To 
assert a claim of force majeure, you must meet the requirements outlined 
in paragraphs (i)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14550, Mar. 12, 2020]



Sec.  63.8694  What records must I keep?

    (a) You must keep the following records:
    (1) A copy of each notification and report that you submitted to 
comply with this subpart, including all documentation supporting any 
Initial Notification or Notification of Compliance Status that you 
submitted, according to the requirements in Sec.  63.10(b)(2)(xiv).
    (2) Before September 9, 2020, the records in Sec.  63.6(e)(3)(iii) 
through (v) related to startup, shutdown, and malfunction. On and after 
September 9, 2020, this paragraph (a)(2) no longer applies.
    (3) Records of performance tests, performance evaluations, and 
opacity and visible emission observations as required in Sec.  
63.10(b)(2)(viii).
    (b) You must keep the records in Sec.  63.6(h)(6) for visible 
emission observations.
    (c) You must keep the records required in Table 5 to this subpart to 
show continuous compliance with each operating limit that applies to 
you.
    (d) Records of any shared equipment determinations as specified in 
Sec.  63.8682(b).
    (e) Any records required to be maintained by this part that are 
submitted electronically via EPA's CEDRI may be maintained in electronic 
format. This ability to maintain electronic copies does not affect the 
requirement for facilities to make records, data, and reports available 
upon request to a delegated air agency or EPA as part of an on-site 
compliance evaluation.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14552, Mar. 12, 2020]

[[Page 525]]



Sec.  63.8695  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.8696  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.



Sec.  63.8697  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, in addition to the U.S. EPA, has the authority 
to implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if implementation and enforcement of this 
subpart is delegated.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the following authorities are retained by the Administrator 
of U.S. EPA:
    (1) Approval of alternatives to the requirements in Sec. Sec.  
63.8681, 63.8682, 63.8683, 63.8684, 63.8685, 63.8686, 63.8687, 63.8688, 
63.8689, 63.8690, and 63.8691.
    (2) Approval of major changes to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major changes to monitoring under Sec.  63.8(f) and 
as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.

[68 FR 24577, May 7, 2003, as amended at 85 FR 14552, Mar. 12, 2020]



Sec.  63.8698  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, the General Provisions of this part, and in this section as 
follows:
    Adhesive applicator means the equipment that uses open pan-type 
application (e.g., a roller partially submerged in an open pan of 
adhesive) to apply adhesive to roofing shingles for producing laminated 
or dimensional roofing shingles.
    Asphalt flux means the organic residual material from distillation 
of crude oil that is generally used in asphalt roofing manufacturing and 
paving and non-paving asphalt products.
    Asphalt loading rack means the equipment at an asphalt processing 
facility used to transfer oxidized asphalt from a storage tank into a 
tank truck, rail car, or barge.
    Asphalt processing facility means any facility engaged in the 
preparation of asphalt flux at stand-alone asphalt processing 
facilities, petroleum refineries, and asphalt roofing facilities. 
Asphalt preparation, called ``blowing,'' is the oxidation of asphalt 
flux, achieved by bubbling air through the heated asphalt, to raise the 
softening point and to reduce penetration of the oxidized asphalt. An 
asphalt processing facility includes one or more asphalt flux blowing 
stills, asphalt flux storage tanks storing asphalt flux intended for 
processing in the blowing stills, oxidized asphalt storage tanks, and 
oxidized asphalt loading racks.
    Asphalt roofing manufacturing facility means a facility consisting 
of one or more asphalt roofing manufacturing lines.
    Asphalt roofing manufacturing line means the collection of equipment 
used to manufacture asphalt roofing products through a series of 
sequential process steps. The equipment that comprises an asphalt 
roofing manufacturing line varies depending on the type of substrate 
used (i.e., organic or

[[Page 526]]

inorganic) and the final product manufactured (e.g., roll roofing, 
laminated shingles). For example, an asphalt roofing manufacturing line 
that uses fiberglass mat as a substrate typically would not include a 
saturator/wet looper (or the saturator/wet looper could be bypassed if 
the line manufacturers multiple types of products). An asphalt roofing 
manufacturing line can include a saturator (including wet looper), 
coater, coating mixers, sealant applicators, adhesive applicators, and 
asphalt storage and process tanks. The number of asphalt roofing 
manufacturing lines at a particular facility is determined by the number 
of saturators (or coaters) operated in parallel. For example, an asphalt 
roofing manufacturing facility with two saturators (or coaters) 
operating in parallel would be considered to have two separate roofing 
manufacturing lines.
    Asphalt storage tank means any tank used to store asphalt flux, 
oxidized asphalt, and modified asphalt, at asphalt roofing manufacturing 
facilities, petroleum refineries, and asphalt processing facilities. 
Storage tanks containing cutback asphalts (asphalts diluted with 
solvents to reduce viscosity for low temperature applications) and 
emulsified asphalts (asphalts dispersed in water with an emulsifying 
agent) are not subject to this subpart.
    Blowing still means the equipment in which air is blown through 
asphalt flux to change the softening point and penetration rate of the 
asphalt flux, creating oxidized asphalt.
    Boiler means any enclosed combustion device that extracts useful 
energy in the form of steam and is not an incinerator.
    Coater means the equipment used to apply amended (filled or 
modified) asphalt to the top and bottom of the substrate (typically 
fiberglass mat) used to manufacture shingles and rolled roofing 
products.
    Coating mixer means the equipment used to mix coating asphalt and a 
mineral stabilizer, prior to applying the stabilized coating asphalt to 
the substrate.
    Combustion device means an individual unit of equipment such as a 
flare, incinerator, process heater, or boiler used for the combustion of 
organic hazardous air pollutant vapors.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limitation 
(including any operating limit), or work practice standard;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart, and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Before September 9, 2020, fails to meet any emission limitation 
(including any operating limit) or work practice standard in this 
subpart during startup, shutdown, or malfunction, regardless of whether 
or not such failure is permitted by this subpart. On and after September 
9, 2020, this paragraph (3) no longer applies.
    Emission limitation means any emission limit, opacity limit, 
operating limit, or visible emission limit.
    Group 1 asphalt loading rack means an asphalt loading rack that 
loads asphalt with a maximum temperature of 260 [deg]C (500 [deg]F) or 
greater and has a maximum true vapor pressure of 10.4 kiloPascals (kPa) 
(1.5 pounds per square inch absolute (psia)) or greater.
    Group 2 asphalt loading rack means an asphalt loading rack that is 
not a Group 1 asphalt loading rack.
    Group 1 asphalt storage tank means an asphalt storage tank that 
meets both of the following criteria:
    (1) Has a capacity of 177 cubic meters (47,000 gallons) of asphalt 
or greater; and
    (2) Stores asphalt at a maximum temperature of 260 [deg]C (500 
[deg]F) or greater and has a maximum true vapor pressure of 10.4 kPa 
(1.5 psia) or greater.
    Group 2 asphalt storage tank means any asphalt storage tank with a 
capacity of 1.93 megagrams (Mg) of asphalt or greater that is not a 
Group 1 asphalt storage tank.
    Incinerator means an enclosed combustion device that is used for 
destroying organic compounds. Auxiliary fuel

[[Page 527]]

may be used to heat waste gas to combustion temperatures. Any energy 
recovery section present is not physically formed into one manufactured 
or assembled unit with the combustion section; rather, the energy 
recovery section is a separate section following the combustion section 
and the two are joined by ducts or connections carrying flue gas.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the stored asphalt at its maximum storage temperature.
    Modified asphalt means asphalt that has been mixed with polymer 
modifiers.
    Oxidized asphalt means asphalt that has been prepared by passing air 
through liquid asphalt flux in a blowing still.
    Process heater means an enclosed combustion device that primarily 
transfers heat liberated by burning fuel directly to process streams or 
to heat transfer liquids other than water.
    Research and development equipment means any equipment whose primary 
purpose is to conduct research and development to develop new processes 
and products, where such equipment is operated under the close 
supervision of technically trained personnel and is not engaged in the 
manufacture of products for commercial sale in commerce, except in a de 
minimis manner.
    Responsible official means responsible official as defined in 40 CFR 
70.2.
    Saturator means the equipment in which substrate (predominantly 
organic felt) is filled with asphalt. Saturators are predominantly used 
for the manufacture of saturated felt products. The term saturator 
includes the saturator and wet looper.
    Sealant applicator means the equipment that uses open pan-type 
application (e.g., a roller partially submerged in an open pan of 
sealant) to apply a sealant strip to a roofing product. The sealant 
strip is used to seal overlapping pieces of roofing product after they 
have been applied.
    Work practice standard means any design, equipment, work practice, 
or operational standard, or combination thereof, that is promulgated 
pursuant to section 112(h) of the Clean Air Act.

[68 FR 24577, May 7, 2003, as amended at 70 FR 28364, May 17, 2005; 85 
FR 14552, Mar. 12, 2020]



     Sec. Table 1 to Subpart LLLLL of Part 63--Emission Limitations

------------------------------------------------------------------------
                                         You must meet the following
               For--                        emission limitation--
------------------------------------------------------------------------
1. Each blowing still, Group 1       a. Reduce total hydrocarbon mass
 asphalt loading rack, and Group 1    emissions by 95 percent, or to a
 asphalt storage tank at existing,    concentration of 20 ppmv, on a dry
 new, and reconstructed asphalt       basis corrected to 3 percent
 processing facilities; and each      oxygen;
 Group 1 asphalt storage tank at     b. Route the emissions to a
 existing, new, and reconstructed     combustion device achieving a
 asphalt roofing manufacturing        combustion efficiency of 99.5
 lines; and each coating mixer,       percent;
 saturator (including wet looper),   c. Route the emissions to a
 coater, sealant applicator, and      combustion device that does not
 adhesive applicator at new and       use auxiliary fuel achieving a
 reconstructed asphalt roofing        total hydrocarbon (THC)
 manufacturing lines.                 destruction efficiency of 95.8
                                      percent;
                                     d. Route the emissions to a boiler
                                      or process heater with a design
                                      heat input capacity of 44
                                      megawatts (MW) or greater;
                                     e. Introduce the emissions into the
                                      flame zone of a boiler or process
                                      heater; or
                                     f. Route emissions to a flare
                                      meeting the requirements of Sec.
                                      63.11(b).
2. The total emissions from the      a. Limit particulate matter
 coating mixer, saturator             emissions to 0.04 kilograms
 (including wet looper), coater,      emissions per megagram (kg/Mg)
 sealant applicator, and adhesive     (0.08 pounds per ton, lb/ton) of
 applicator at each existing          asphalt shingle or mineral-
 asphalt roofing manufacturing        surfaced roll roofing produced; or
 line. \a\                           b. Limit particulate matter
                                      emissions to 0.4 kg/Mg (0.8 lb/
                                      ton) of saturated felt or smooth-
                                      surfaced roll roofing produced.
3. Each saturator (including wet     a. Limit exhaust gases to 20
 looper) and coater at existing,      percent opacity; and
 new, and reconstructed asphalt      b. Limit visible emissions from the
 roofing manufacturing lines. \a\     emission capture system to 20
                                      percent of any period of
                                      consecutive valid observations
                                      totaling 60 minutes.

[[Page 528]]

 
4. Each Group 2 asphalt storage      Limit exhaust gases to 0 percent
 tank at existing, new, and           opacity. \b\
 reconstructed asphalt processing
 facility and asphalt roofing
 manufacturing lines. \a\
------------------------------------------------------------------------
\a\ As an alternative to meeting the particulate matter and opacity
  limits, these emission sources may comply with the THC percent
  reduction or combustion efficiency standards.
\b\ The opacity limit can be exceeded for one consecutive 15-minute
  period in any 24-hour period when the storage tank transfer lines are
  being cleared. During this 15-minute period, the control device must
  not be bypassed. If the emissions from the asphalt storage tank are
  ducted to the saturator control device, the combined emissions from
  the saturator and storage tank must meet the 20 percent opacity limit
  (specified in 3.a of Table 1 to this subpart) during this 15-minute
  period. At any other time, the opacity limit applies to Group 2
  asphalt storage tanks.


[68 FR 24577, May 7, 2003, as amended at 85 FR 14553, Mar. 12, 2020]



       Sec. Table 2 to Subpart LLLLL of Part 63--Operating Limits

------------------------------------------------------------------------
               For--                             You must \a\
------------------------------------------------------------------------
1. Non-flare combustion devices      Maintain the 3-hour average \b\
 with a design heat input capacity    combustion zone temperature at or
 less than 44 MW or where the         above the operating limit
 emissions are not introduced into    established during the performance
 the flame zone.                      test.
2. Flares..........................  Meet the operating requirements
                                      specified in Sec.   63.11(b).
 3. Control devices used to comply   a. Maintain the 3-hour average b
 with the particulate matter          inlet gas temperature at or below
 standards.                           the operating limit established
                                      during the performance test; and
                                     b. Maintain the 3-hour average b
                                      pressure drop across the device c
                                      within the operating range limits
                                      (i.e., at or above a minimum
                                      pressure drop and at or below a
                                      maximum pressure drop) established
                                      during the performance test, or as
                                      an alternative, established
                                      according to the manufacturer's
                                      specifications as specified in
                                      Sec.   63.8689(d).
4. Other control devices that are    Maintain the approved monitoring
 neither a combustion device nor a    parameters within the operating
 control device used to comply with   limits established during the
 the particulate matter emission      performance test.
 standards.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 to this subpart are
  applicable if you are monitoring control device operating parameters
  to demonstrate continuous compliance. If you are using a CEMS or COMS,
  you must maintain emissions below the value established during the
  initial performance test.
\b\ A 15-minute averaging period can be used as an alternative to the 3-
  hour averaging period for this parameter.
\c\ As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 to this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.


[68 FR 24577, May 7, 2003, as amended at 85 FR 14553, Mar. 12, 2020]



 Sec. Table 3 to Subpart LLLLL of Part 63--Requirements for Performance 
                               Tests \a b\

----------------------------------------------------------------------------------------------------------------
                                                                                      According to the following
               For--                       You must--                Using--                requirements--
----------------------------------------------------------------------------------------------------------------
1. All particulate matter, total     a. Select sampling      i. EPA test method 1    A. For demonstrating
 hydrocarbon, carbon monoxide, and    port's location and     or 1A in appendix A     compliance with the total
 carbon dioxide emission tests.       the number of           to part 60 of this      hydrocarbon percent
                                      traverse points.        chapter.                reduction standard, the
                                                                                      sampling sites must be
                                                                                      located at the inlet and
                                                                                      outlet of the control
                                                                                      device prior to any
                                                                                      releases to the
                                                                                      atmosphere.
                                                                                     B. For demonstrating
                                                                                      compliance with the
                                                                                      particulate matter mass
                                                                                      emission rate, THC
                                                                                      destruction efficiency,
                                                                                      THC outlet concentration,
                                                                                      or combustion efficiency
                                                                                      standards, the sampling
                                                                                      sites must be located at
                                                                                      the outlet of the control
                                                                                      device prior to any
                                                                                      releases to the
                                                                                      atmosphere.
2. All particulate matter and total  Determine velocity and  EPA test method 2, 2A,
 hydrocarbon tests.                   volumetric flow rate.   2C, 2D, 2F, or 2G, as
                                                              appropriate, in
                                                              appendix A to part 60
                                                              of this chapter.
3. All particulate matter and total  Determine the gas       EPA test method 3, 3A,
 hydrocarbon tests.                   molecular weight used   3B, as appropriate,
                                      for flow rate           in appendix A to part
                                      determination.          60 of this chapter.

[[Page 529]]

 
4. All particulate matter, total     Measure moisture        EPA test method 4 in
 hydrocarbon, carbon monoxide, and    content of the stack    appendix A to part 60
 carbon dioxide emission tests.       gas.                    of this chapter.
5. All particulate matter emission   Measure the asphalt
 tests.                               processing rate or
                                      the asphalt roofing
                                      manufacturing rate
                                      and the asphalt
                                      content of the
                                      product manufactured,
                                      as appropriate.
6. Each control device used to       Measure the             EPA test method 5A in   For demonstrating
 comply with the particulate matter   concentration of        appendix A to part 60   compliance with the
 emission standards.                  particulate matter.     of this chapter.        particulate matter
                                                                                      standard, the performance
                                                                                      tests must be conducted
                                                                                      under normal operating
                                                                                      conditions and while
                                                                                      manufacturing the roofing
                                                                                      product that is expected
                                                                                      to result in the greatest
                                                                                      amount of hazardous air
                                                                                      pollutant emissions.
7. All opacity tests...............  Conduct opacity         EPA test method 9 in    Conduct opacity
                                      observations.           appendix A to part 60   observations for at least
                                                              of this chapter, or     3 hours and obtain 30, 6-
                                                              ASTM D7520-16 d f.      minute averages.
8. All visible emission tests......  Conduct visible         EPA test method 22 in   Modify EPA test method 22
                                      emission observations.  appendix A to part 60   such that readings are
                                                              of this chapter.        recorded every 15 seconds
                                                                                      for a period of
                                                                                      consecutive observations
                                                                                      totaling 60 minutes.
9. Each combustion device used to    a. Measure the          EPA test method 3A in   ...........................
 comply with the combustion           concentration of        appendix A to part 60
 efficiency or THC standards.         carbon dioxide.         of this chapter.
                                     b. Measure the          EPA test method 10 in
                                      concentration of        appendix A to part 60
                                      carbon monoxide.        of this chapter.
                                     c. Measure the          EPA test method 25A in  ...........................
                                      concentration of        appendix A to part 60
                                      total hydrocarbons.     of this chapter.
10. Each control device used to      Measure the             EPA test method 25A in  ...........................
 comply with the THC reduction        concentration of        appendix A to part 60
 efficiency or outlet concentration   total hydrocarbons.     of this chapter.
 standards.
11. Each combustion device.........  Establish a site-       Data from the CPMS and  You must collect combustion
                                      specific combustion     the applicable          zone temperature data
                                      zone temperature        performance test        every 15 minutes during
                                      operating limit.        method(s).              the entire period of the 3-
                                                                                      hour performance test, and
                                                                                      determine the average
                                                                                      combustion zone
                                                                                      temperature over the 3-
                                                                                      hour performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
12. Each control device used to      Establish a site-       Data from the CPMS and  You must collect the inlet
 comply with the particulate matter   specific inlet gas      the applicable          gas temperature and
 emission standards.                  temperature operating   performance test        pressure drop b data every
                                      limit; and if not       method(s).              15 minutes during the
                                      complying with Sec.                             entire period of the 3-
                                      63.8689(d), also                                hour performance test, and
                                      establish site-                                 determine the average
                                      specific limits for                             inlet gas temperature and
                                      the pressure drop                               pressure drop c over the 3-
                                      range (i.e., a                                  hour performance test by
                                      minimum and a maximum                           computing the average of
                                      pressure drop) across                           all of the 15-minute
                                      the device e.                                   readings. The inlet gas
                                                                                      temperature operating
                                                                                      limit is set at +20
                                                                                      percent of the test run
                                                                                      average inlet gas
                                                                                      temperature measured in
                                                                                      units of degrees Celsius
                                                                                      or degrees Fahrenheit. The
                                                                                      maximum (or minimum)
                                                                                      pressure drop is set as
                                                                                      the maximum (or minimum)
                                                                                      average pressure drop of
                                                                                      the performance test runs
                                                                                      which demonstrated
                                                                                      compliance with the
                                                                                      applicable emission limit.

[[Page 530]]

 
13. Each control device that is      Establish site-         Process data and data   You must collect monitoring
 neither a combustion device nor a    specific monitoring     from the CPMS and the   parameter data every 15
 control device used to comply with   parameters.             applicable              minutes during the entire
 the particulate matter emission                              performance test        period of the 3-hour
 standards.                                                   method(s).              performance test, and
                                                                                      determine the average
                                                                                      monitoring parameter
                                                                                      values over the 3-hour
                                                                                      performance test by
                                                                                      computing the average of
                                                                                      all of the 15-minute
                                                                                      readings.
14. Each flare used to comply with   Assure that the flare   The requirements of
 the THC percent reduction or PM      is operated and         Sec.   63.11(b).
 emission limits.                     maintained in
                                      conformance with its
                                      design.
----------------------------------------------------------------------------------------------------------------
\a\ For initial performance tests, as specified in Sec.   63.8686(b), you may request that data from a
  previously-conducted emission test serve as documentation of conformance with the emission standards and
  operating limits of this subpart.
\b\ Performance tests are not required if: (1) The emissions are routed to a boiler or process heater with a
  design heat input capacity of 44 MW or greater; or (2) the emissions are introduced into the flame zone of a
  boiler or process heater.
\c\ As an alternative to monitoring the pressure drop across the control device, owners or operators using an
  ESP to achieve compliance with the emission limits specified in Table 1 to this subpart can monitor the
  voltage to the ESP.
\d\ If you use ASTM D7520-16 in lieu of EPA test method 9, then you must comply with the conditions specified in
  this footnote. During the digital camera opacity technique (DCOT) certification procedure outlined in Section
  9.2 of ASTM D7520-16, you or the DCOT vendor must present the plumes in front of various backgrounds of color
  and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed
  backgrounds (clouds and/or a sparse tree stand). You must also have standard operating procedures in place
  including daily or other frequency quality checks to ensure the equipment is within manufacturing
  specifications as outlined in Section 8.1 of ASTM D7520-16. You must follow the record keeping procedures
  outlined in Sec.   63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw
  unaltered JPEGs used for opacity and certification determination. You or the DCOT vendor must have a minimum
  of four (4) independent technology users apply the software to determine the visible opacity of the 300
  certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of any one reading
  and the average error must not exceed 7.5 percent opacity. This approval does not provide or imply a
  certification or validation of any vendor's hardware or software. The onus to maintain and verify the
  certification and/or training of the DCOT camera, software and operator in accordance with ASTM D7520-16 and
  this letter is on the facility, DCOT operator, and DCOT vendor.
\e\ You may conduct two separate performance tests to establish the operating limits for pressure drop range
  (i.e., one performance test to establish a minimum pressure drop operating limit and one performance test to
  establish a maximum pressure drop operating limit); however, you may choose to establish either, or both, the
  minimum and maximum pressure drop operating limits using the requirements of Sec.   63.8689(d) in lieu of the
  requirements specified in this Table.
\f\ Incorporated by reference, see Sec.   63.14.


[68 FR 24577, May 7, 2003, as amended at 85 FR 14553, Mar. 12, 2020]



    Sec. Table 4 to Subpart LLLLL of Part 63--Initial and Continuous 
                  Compliance With Emission Limitations

------------------------------------------------------------------------
                                For the following
                                     emission      You have demonstrated
             For--                 limitation--      initial compliance
                                                            if--
------------------------------------------------------------------------
1. Each blowing still, Group 1  a. Reduce total    i. The total
 asphalt loading rack, and       hydrocarbon mass   hydrocarbon
 Group 1 asphalt storage tank,   emissions by 95    emissions,
 at existing, new, and           percent or to a    determined using the
 reconstructed asphalt           concentration of   equations in Sec.
 processing facilities.          20 ppmv, on a      63.8687 and the test
                                 dry basis          methods and
                                 corrected to 3     procedures in Table
                                 percent oxygen.    3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    are reduced by at
                                                    least 95 percent by
                                                    weight or to a
                                                    concentration of 20
                                                    ppmv, on a dry basis
                                                    corrected to 3
                                                    percent oxygen; and
                                                   ii. You have a record
                                                    of the average
                                                    control device
                                                    operating parameters
                                                    \a\ over the
                                                    performance test
                                                    during which
                                                    emissions were
                                                    reduced according to
                                                    1.a.i. of this
                                                    table.
                                b. Route the       i. The combustion
                                 emissions to a     efficiency of the
                                 combustion         combustion device,
                                 device achieving   determined using the
                                 a combustion       equations in Sec.
                                 efficiency of      63.8687 and the test
                                 99.5 percent.      methods and
                                                    procedures in Table
                                                    3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    is at least 99.5
                                                    percent; and
                                                   ii. You have a record
                                                    of the average
                                                    combustion zone
                                                    temperature \a\ and
                                                    carbon monoxide,
                                                    carbon dioxide, and
                                                    total hydrocarbon
                                                    outlet
                                                    concentrations over
                                                    the performance test
                                                    during which the
                                                    combustion
                                                    efficiency was at
                                                    least 99.5 percent.
                                c. Route the       i. The THC
                                 emissions to a     destruction
                                 combustion         efficiency of the
                                 device that does   combustion device,
                                 not use            determined using the
                                 auxiliary fuel     equations in Sec.
                                 achieving a THC    63.8687 and the test
                                 destruction        methods and
                                 efficiency of      procedures in Table
                                 95.8 percent.      3 to this subpart,
                                                    over the period of
                                                    the performance test
                                                    is at least 95.8
                                                    percent; and
                                                   ii. You have a record
                                                    of the average
                                                    combustion zone
                                                    temperature \a\ and
                                                    carbon monoxide,
                                                    carbon dioxide, and
                                                    total hydrocarbon
                                                    outlet
                                                    concentrations over
                                                    the performance test
                                                    during which the THC
                                                    destruction
                                                    efficiency was at
                                                    least 95.8 percent.
                                d. Route           You have a record of
                                 emissions to a     the boiler or
                                 boiler or          process heater
                                 process heater     design heat
                                 with a design      capacity.
                                 heat input
                                 capacity of 44
                                 MW or greater.

[[Page 531]]

 
                                e. Introduce the   You have a record
                                 emissions into     that shows the
                                 the flame zone     emissions are being
                                 of a boiler or     introduced into the
                                 process heater.    boiler or process
                                                    heater flame zone.
                                f. Route           You have a record of
                                 emissions to a     the flare design and
                                 flare meeting      operating
                                 the requirements   requirements.
                                 of Sec.
                                 63.11(b).
2. Each coating mixer,          a. Reduce total    See 1.a.i. and ii. of
 saturator (including wet        hydrocarbon mass   this table.
 looper), coater, sealant        emissions by 95
 applicator, adhesive            percent or to a
 applicator, and Group 1         concentration of
 asphalt storage tank at new     20 ppmv, on a
 and reconstructed asphalt       dry basis
 roofing manufacturing lines.    corrected to 3
                                 percent oxygen.
                                b. Route the       See 1.b.i. and ii. of
                                 emissions to a     this table.
                                 combustion
                                 device achieving
                                 a combustion
                                 efficiency of
                                 99.5 percent.
                                c. Route the       See 1.c.i. and ii. of
                                 emissions to a     this table.
                                 combustion
                                 device that does
                                 not use
                                 auxiliary fuel
                                 achieving a THC
                                 destruction
                                 efficiency of
                                 95.8 percent.
                                d. Route           See 1.d. of this
                                 emissions to a     table.
                                 boiler or
                                 process heater
                                 with a design
                                 heat input
                                 capacity of 44
                                 MW or greater.
                                e. Introduce the   See 1.e. of this
                                 emissions into     table.
                                 the flame zone
                                 of a boiler or
                                 process heater.
                                f. Route           See 1.f. of this
                                 emissions to a     table.
                                 flare meeting
                                 the requirements
                                 of Sec.
                                 63.11(b).
3. The total emissions from     a. Limit PM        i. The PM emissions,
 the coating mixer, saturator    emissions to       determined using the
 (including wet looper),         0.04 kg/Mg (0.08   equations in Sec.
 coater, sealant applicator,     lb/ton) of         63.8687 and the test
 and adhesive applicator at      asphalt shingle    methods and
 each existing asphalt roofing   or mineral-        procedures in Table
 manufacturing line.             surfaced roll      3 to this subpart,
                                 roofing produced.  over the period of
                                                    the performance test
                                                    are no greater than
                                                    the applicable
                                                    emission limitation;
                                                    and
                                                   ii. You have a record
                                                    of the average
                                                    control device \a\
                                                    or process
                                                    parameters over the
                                                    performance test
                                                    during which the
                                                    particulate matter
                                                    emissions were no
                                                    greater than the
                                                    applicable emission
                                                    limitation.
                                b. Limit PM        See 3.a.i. and ii. of
                                 emissions to 0.4   this table.
                                 kg/Mg (0.8 lb/
                                 ton) of
                                 saturated felt
                                 or smooth-
                                 surfaced roll
                                 roofing produced.
4. Each saturator (including    a. Limit visible   The visible
 wet looper) and coater at an    emissions from     emissions, measured
 existing, new, or               the emissions      using EPA test
 reconstructed asphalt roofing   capture system     method 22 in
 manufacturing line.             to 20 percent of   appendix A to part
                                 any period of      60 of this chapter,
                                 consecutive        for any period of
                                 valid              consecutive valid
                                 observations       observations
                                 totaling 60        totaling 60 minutes
                                 minutes.           do not exceed 20
                                                    percent.
                                b. Limit opacity   The opacity, measured
                                 emissions to 20    using EPA test
                                 percent.           method 9 in appendix
                                                    A to part 60 of this
                                                    chapter, for each of
                                                    the first 30 6-
                                                    minute averages does
                                                    not exceed 20
                                                    percent.
5. Each Group 2 asphalt         Limit exhaust      The opacity, measured
 storage tank at existing,       gases to 0         using EPA test
 new, and reconstructed          percent opacity.   method 9 in appendix
 asphalt processing facilities                      A to part 60 of this
 and asphalt roofing                                chapter, for each of
 manufacturing lines.                               the first 30 6-
                                                    minute averages does
                                                    not exceed 0
                                                    percent.
------------------------------------------------------------------------
\a\ If you use a CEMS or COMS to demonstrate compliance with the
  emission limits, you are not required to record control device
  operating parameters.


[68 FR 24577, May 7, 2003, as amended at 85 FR 14554, Mar. 12, 2020]

[[Page 532]]



  Sec. Table 5 to Subpart LLLLL of Part 63--Continuous Compliance With 
                          Operating Limits \a\

------------------------------------------------------------------------
                                For the following   You must demonstrate
             For--              operating limit--  continuous compliance
                                                            by--
------------------------------------------------------------------------
1. Each non-flare combustion    a. Maintain the 3- i. Passing the
 device. \b\                     hour \c\ average   emissions through
                                 combustion zone    the control device;
                                 temperature at     and
                                 or above the      ii. Collecting the
                                 operating limit    combustion zone
                                 establishing       temperature data
                                 during the         according to Sec.
                                 performance test.  63.8688(b); and
                                                   iii. Reducing
                                                    combustion zone
                                                    temperature data to
                                                    3-hour \c\ averages
                                                    according to
                                                    calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the 3-
                                                    hour \c\ average
                                                    combustion zone
                                                    temperature within
                                                    the level
                                                    established during
                                                    the performance
                                                    test.
2. Each flare.................  Meet the           The flare pilot light
                                 operating          must be present at
                                 requirements       all times and the
                                 specified in       flare must be
                                 Sec.   63.11(b).   operating at all
                                                    times that emissions
                                                    may be vented to it.
3. Control devices used to      a. Maintain the 3- i. Passing the
 comply with the particulate     hour c average     emissions through
 matter emission standards.      inlet gas          the control device;
                                 temperature at     and
                                 or below the      ii. Collecting the
                                 operating limit    inlet gas
                                 established        temperature and
                                 during the         pressure drop d data
                                 performance        according to Sec.
                                 test; and.         63.8688(b) and (c);
                                                    and
                                b. Maintain the 3- iii. Reducing inlet
                                 hour c average     gas temperature and
                                 pressure drop      pressure drop d data
                                 across device d    to 3-hour c averages
                                 within the         according to
                                 operating range    calculations in
                                 limits that were   Table 3 to this
                                 established        subpart; and
                                 pursuant to Sec.  iv. Maintaining the 3-
                                   63.8689(b) and/  hour c average inlet
                                 or (d).            gas temperature
                                                    within the level
                                                    established during
                                                    the performance
                                                    test; and
                                                   v. Maintaining the 3-
                                                    hour c average
                                                    pressure drop across
                                                    device d within the
                                                    level established
                                                    pursuant to Sec.
                                                    63.8689(b) and/or
                                                    (d).
4. Other control devices that   a. Maintain the    i. Passing the
 are neither a combustion        monitoring         emissions through
 device nor a control device     parameters         the devices;
 used to comply with the         within the        ii. Collecting the
 particulate matter emission     operating limits   monitoring parameter
 standards.                      established        data according to
                                 during the         Sec.   63.8688(d);
                                 performance test.  and
                                                   iii. Reducing the
                                                    monitoring parameter
                                                    data to 3-hour c
                                                    averages according
                                                    to calculations in
                                                    Table 3 to this
                                                    subpart; and
                                                   iv. Maintaining the
                                                    monitoring
                                                    parameters within
                                                    the level
                                                    established during
                                                    the performance
                                                    test.
------------------------------------------------------------------------
\a\ The operating limits specified in Table 2 to this subpart and the
  requirements specified in Table 5 to this subpart are applicable if
  you are monitoring control device operating parameters to demonstrate
  continuous compliance. If you use a CEMS or COMS to demonstrate
  compliance with the emission limits, you are not required to record
  control device operating parameters. However, you must maintain
  emissions below the value established during the initial performance
  test. Data from the CEMS and COMS must be reduced as specified in Sec.
   Sec.   63.8690 and 63.8(g)(1) through (4).
\b\ Continuous parameter monitoring is not required if (1) the emissions
  are routed to a boiler or process heater with a with a design heat
  input capacity of 44 MW or greater; or (2) the emissions are
  introduced into the flame zone of a boiler or process heater.
\c\ A 15-minute averaging period can be used as an alternative to the 3-
  hour averaging period for this parameter.
\d\ As an alternative to monitoring the pressure drop across the control
  device, owners or operators using an ESP to achieve compliance with
  the emission limits specified in Table 1 to this subpart can monitor
  the voltage to the ESP. If this option is selected, the ESP voltage
  must be maintained at or above the operating limit established during
  the performance test.


[68 FR 24577, May 7, 2003, as amended at 70 FR 28365, May 17, 2005; 85 
FR 14555, Mar. 12, 2020]



   Sec. Table 6 to Subpart LLLLL of Part 63--Requirements for Reports

------------------------------------------------------------------------
                                    The report must      You must submit
       You must submit--               contain--          the report--
------------------------------------------------------------------------
1. An initial notification....  The information in      According to the
                                 Sec.   63.9(b).         requirements in
                                                         Sec.   63.9(b).
2. A notification of            A written notification  At least 60
 performance test.               of the intent to        calendar days
                                 conduct a performance   before the
                                 test.                   performance
                                                         test is
                                                         scheduled to
                                                         begin, as
                                                         required in
                                                         Sec.   63.9(e).
3. A notification of opacity    A written notification  According to the
 and visible emission            of the intent to        requirements in
 observations.                   conduct opacity and     Sec.   63.9(f).
                                 visible emission
                                 observations.
4. Notification of compliance   The information in      According to the
 status.                         Sec.   63.9(h)(2)       requirements in
                                 through (5), as         Sec.  Sec.
                                 applicable.             63.8692(e) and
                                                         63.9(h)(2)
                                                         through (5), as
                                                         applicable.
5. A compliance report........  a. A statement that     Semiannually
                                 there were no           according to
                                 deviations from the     the
                                 emission limitations    requirements in
                                 during the reporting    Sec.
                                 period, if there are    63.8693(b).
                                 no deviations from
                                 any emission
                                 limitations (emission
                                 limit, operating
                                 limit, opacity limit,
                                 and visible emission
                                 limit) that apply to
                                 you.

[[Page 533]]

 
                                b. If there were no     Semiannually
                                 periods during which    according to
                                 the CPMS, CEMS, or      the
                                 COMS was out-of-        requirements in
                                 control as specified    Sec.
                                 in Sec.   63.8(c)(7),   63.8693(b).
                                 a statement that
                                 there were no periods
                                 during which the
                                 CPMS, CEMS, or COMS
                                 was out-of-control
                                 during the reporting
                                 period.
                                c. If you have a        Semiannually
                                 deviation from any      according to
                                 emission limitation     the
                                 (emission limit,        requirements in
                                 operating limit,        Sec.
                                 opacity limit, and      63.8693(b).
                                 visible emission
                                 limit), the report
                                 must contain the
                                 information in Sec.
                                 63.8693(c) and (d).
                                d. Before September 9,  Semiannually
                                 2020, if you had a      according to
                                 startup, shutdown or    the
                                 malfunction during      requirements in
                                 the reporting period    Sec.
                                 and you took actions    63.8693(b).
                                 consistent with your
                                 startup, shutdown,
                                 and malfunction plan,
                                 the compliance report
                                 must include the
                                 information in Sec.
                                 63.10(d)(5)(i). On
                                 and after September
                                 9, 2020, this
                                 paragraph no longer
                                 applies.
6. An immediate startup,        The information in      By fax or
 shutdown, and malfunction       Sec.                    telephone
 report if you have a startup,   63.10(d)(5)(ii).        within 2
 shutdown, or malfunction                                working days
 during the reporting period                             after starting
 before September 9, 2020, and                           actions
 actions taken were not                                  inconsistent
 consistent with your startup,                           with the plan
 shutdown, and malfunction                               followed by a
 plan. On and after September                            letter within 7
 9, 2020, this paragraph no                              working days
 longer applies.                                         after the end
                                                         of the event
                                                         unless you have
                                                         made
                                                         alternative
                                                         arrangements
                                                         with the
                                                         permitting
                                                         authority.
7. Performance test report....  The information in      Within 60 days
                                 Sec.   63.7.            after
                                                         completion of
                                                         the performance
                                                         test according
                                                         to the
                                                         requirements in
                                                         Sec.
                                                         63.8693(f).
------------------------------------------------------------------------


[68 FR 24577, May 7, 2003, as amended at 85 FR 14555, Mar. 12, 2020]



   Sec. Table 7 to Subpart LLLLL of Part 63--Applicability of General 
                       Provisions to Subpart LLLLL

----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
           Citation                      Subject                 Brief description                LLLLL
----------------------------------------------------------------------------------------------------------------
Sec.   63.1..................  Applicability..............  Initial Applicability        Yes.
                                                             Determination;
                                                             Applicability After
                                                             Standard Established;
                                                             Permit Requirements;
                                                             Extensions, Notifications.
Sec.   63.2..................  Definitions................  Definitions for part 63      Yes.
                                                             standards.
Sec.   63.3..................  Units and Abbreviations....  Units and abbreviations for  Yes.
                                                             part 63 standards.
Sec.   63.4..................  Prohibited Activities......  Prohibited Activities;       Yes.
                                                             Compliance date;
                                                             Circumvention,
                                                             Severability.
Sec.   63.5..................  Construction/Reconstruction  Applicability;               Yes.
                                                             applications; approvals.
Sec.   63.6(a)...............  Applicability..............  GP apply unless compliance   Yes.
                                                             extension GP apply to area
                                                             sources that become major.
Sec.   63.6(b)(1)-(4)........  Compliance Dates for New     Standards apply at           Yes.
                                and Reconstructed sources.   effective date; 3 years
                                                             after effective date; upon
                                                             startup; 10 years after
                                                             construction or
                                                             reconstruction commences
                                                             for section 112(f).
Sec.   63.6(b)(5)............  Notification...............  Must notify if commenced     Yes.
                                                             construction or
                                                             reconstruction after
                                                             proposal.
Sec.   63.6(b)(6)............  [Reserved].................
Sec.   63.6(b)(7)............  Compliance Dates for New     Area sources that become     Yes.
                                and Reconstructed Area       major must comply with
                                Sources That Become Major.   major source standards
                                                             immediately upon becoming
                                                             major, regardless of
                                                             whether required to comply
                                                             when they were an area
                                                             source.

[[Page 534]]

 
Sec.   63.6(c)(1)-(2)........  Compliance Dates for         1. Comply according to date  Yes.
                                Existing Sources.            in subpart, which must be
                                                             no later than 3 years
                                                             after effective date.
                                                            2. For section 112(f)
                                                             standards, comply within
                                                             90 days of effective date
                                                             unless compliance
                                                             extension has been granted.
Sec.   63.6(c)(3)-(4)........  [Reserved].................
Sec.   63.6(c)(5)............  Compliance Dates for         Area sources that become     Yes.
                                Existing Area Sources That   major must comply with
                                Become Major.                major source standards by
                                                             date indicated in subpart
                                                             or by equivalent time
                                                             period (for example, 3
                                                             years).
Sec.   63.6(d)...............  [Reserved].................
Sec.   63.6(e)(1)(i).........  Operation & Maintenance....  Operate to minimize          Yes before September 9,
                                                             emissions at all times.      2020. No on and after
                                                                                          September 9, 2020. See
                                                                                          Sec.   63.8685(b) for
                                                                                          general duty
                                                                                          requirement.
Sec.   63.6(e)(1)(ii)........  Operation & Maintenance....  Correct malfunctions as      Yes before September 9,
                                                             soon as practicable.         2020. No on and after
                                                                                          September 9, 2020.
Sec.   63.6(e)(1)(iii).......  Operation & Maintenance....  Operation and maintenance    Yes.
                                                             requirements independently
                                                             enforceable; information
                                                             Administrator will use to
                                                             determine if operation and
                                                             maintenance requirements
                                                             were met.
Sec.   63.6(e)(2)............  [Reserved].................
Sec.   63.6(e)(3)............  Startup, Shutdown, and       1. Requirement for SSM and   Yes before September 9,
                                Malfunction (SSM) Plan       startup, shutdown,           2020. No on and after
                                (SSMP).                      malfunction plan.            September 9, 2020.
                                                            2. Content of SSMP.........
Sec.   63.6(f)(1)............  Compliance Except During     You must comply with         Yes before September 9,
                                SSM.                         emission standards at all    2020. No on and after
                                                             times except during SSM.     September 9, 2020.
Sec.   63.6(f)(2)-(3)........  Methods for Determining      Compliance based on          Yes.
                                Compliance.                  performance test,
                                                             operation and maintenance
                                                             plans, records, inspection.
Sec.   63.6(g)(1)-(3)........  Alternative Nonopacity       Procedures for getting an    Yes.
                                Standard.                    alternative nonopacity
                                                             standard.
Sec.   63.6(h)...............  Opacity/Visible Emission     Requirements for opacity     Yes.
                                (VE) Standards.              and VE limits.
Sec.   63.6(h)(1)............  Compliance with Opacity/VE   You must comply with         Yes before September 9,
                                Standards.                   opacity/VE emission          2020. No on and after
                                                             limitations at all times     September 9, 2020.
                                                             except during SSM.
Sec.   63.6(h)(2)(i).........  Determining Compliance with  If standard does not state   No. The test methods
                                Opacity/VE Standards.        test method, use EPA test    for opacity and
                                                             method 9, 40 CFR 60,         visible emissions are
                                                             appendix A for opacity and   specified in Sec.
                                                             EPA test method 22, 40 CFR   63.8687.
                                                             60, appendix A for VE.
Sec.   63.6(h)(2)(ii)........  [Reserved].................
Sec.   63.6(h)(2)(iii).......  Using Previous Tests to      Criteria for when previous   Yes.
                                Demonstrate Compliance       opacity/VE testing can be
                                with Opacity/VE Standards.   used to show compliance
                                                             with this rule.
Sec.   63.6(h)(3)............  [Reserved].................
Sec.   63.6(h)(4)............  Notification of Opacity/VE   Must notify Administrator    Yes.
                                Observation Date.            of anticipated date of
                                                             observation.
Sec.   63.6(h)(5)(i), (iii)-   Conducting Opacity/VE        Dates and Schedule for       Yes.
 (v).                           Observations.                conducting opacity/VE
                                                             observations.
Sec.   63.6(h)(5)(ii)........  Opacity Test Duration and    Must have at least 3 hours   Yes.
                                Averaging Times.             of observation with thirty
                                                             6-minute averages.
Sec.   63.6(h)(6)............  Records of Conditions        Must keep records available  Yes.
                                During Opacity/VE            and allow Administrator to
                                Observations.                inspect.
Sec.   63.6(h)(7)(i).........  Report COMS Monitoring Data  Must submit COMS data with   Yes, if COMS used.
                                from Performance Test.       other performance test
                                                             data.

[[Page 535]]

 
Sec.   63.6(h)(7)(ii)........  Using COMS instead of EPA    Can submit COMS data         Yes, if COMS used.
                                test method 9, 40 CFR 60,    instead of EPA test method
                                appendix A.                  9, 40 CFR 60, appendix A
                                                             results even if rule
                                                             requires EPA test method
                                                             9, 40 CFR 60, appendix A,
                                                             but must notify
                                                             Administrator before
                                                             performance test.
Sec.   63.6(h)(7)(iii).......  Averaging time for COMS      To determine compliance,     Yes, if COMS used.
                                during performance test.     must reduce COMS data to 6-
                                                             minute averages.
Sec.   63.6(h)(7)(iv)........  COMS requirements..........  Owner/operator must          Yes, if COMS used.
                                                             demonstrate that COMS
                                                             performance evaluations
                                                             are conducted according to
                                                             Sec.   63.8(e), COMS are
                                                             properly maintained and
                                                             operated according to Sec.
                                                               63.8(c) and data quality
                                                             as Sec.   63.8(d).
Sec.   63.6(h)(7)(v).........  Determining Compliance with  COMS is probative but not    Yes, if COMS used.
                                Opacity/VE Standards.        conclusive evidence of
                                                             compliance with opacity
                                                             standard, even if EPA test
                                                             method 9, 40 CFR 60,
                                                             appendix A observation
                                                             shows otherwise.
                                                             Requirements for COMS to
                                                             be probative evidence,
                                                             proper maintenance,
                                                             meeting PS 1, and data
                                                             have not been altered.
Sec.   63.6(h)(8)............  Determining Compliance with  Administrator will use all   Yes.
                                Opacity/VE Standards.        COMS, EPA test method 9,
                                                             40 CFR 60, appendix A, and
                                                             EPA test method 22, 40 CFR
                                                             60, appendix A results, as
                                                             well as information about
                                                             operation and maintenance
                                                             to determine compliance.
Sec.   63.6(h)(9)............  Adjusted Opacity Standard..  Procedures for               Yes.
                                                             Administrator to adjust an
                                                             opacity standard.
Sec.   63.6(i)...............  Compliance Extension.......  Procedures and criteria for  Yes.
                                                             Administrator to grant
                                                             compliance extension.
Sec.   63.6(j)...............  Presidential Compliance      President may exempt source  Yes.
                                Exemption.                   category from requirement
                                                             to comply with rule.
Sec.   63.7(a)(1)-(2)........  Performance Test Dates.....  Dates for conducting         Yes.
                                                             initial performance
                                                             testing and other
                                                             compliance demonstrations.
                                                             Must conduct 180 days
                                                             after first subject to
                                                             rule.
Sec.   63.7(a)(3)............  Section 114 Authority......  Administrator may require a  Yes.
                                                             performance test under CAA
                                                             section 114 at any time.
Sec.   63.7(b)(1)............  Notification of Performance  Must notify Administrator    Yes.
                                Test.                        60 days before the test.
Sec.   63.7(b)(2)............  Notification of              If rescheduling a            Yes.
                                Rescheduling.                performance test is
                                                             necessary, must notify
                                                             Administrator 5 days
                                                             before scheduled date of
                                                             rescheduled date.
Sec.   63.7(c)...............  Quality Assurance/Test Plan  1. Requirement to submit     Yes.
                                                             site-specific test plan 60
                                                             days before the test or on
                                                             date Administrator agrees
                                                             with:
                                                            2. Test plan approval
                                                             procedures.
                                                            3. Performance audit
                                                             requirements.
                                                            4. Internal and external QA
                                                             procedures for testing.
Sec.   63.7(d)...............  Testing Facilities.........  Requirements for testing     Yes.
                                                             facilities
Sec.   63.7(e)(1)............  Conditions for Conducting    1. Performance tests must    Yes before September 9,
                                Performance Tests.           be conducted under           2020. No on and after
                                                             representative conditions.   September 9, 2020. See
                                                             Cannot conduct performance   Sec.   63.8687.
                                                             tests during SSM.
                                                            2. Not a violation to
                                                             exceed standard during SSM.
Sec.   63.7(e)(2)............  Conditions for Conducting    Must conduct according to    Yes.
                                Performance Tests.           rule and EPA test methods
                                                             unless Administrator
                                                             approves alternative.
Sec.   63.7(e)(3)............  Test Run Duration..........  1. Must have three test      Yes.
                                                             runs of at least 1 hour
                                                             each.
                                                            2. Compliance is based on
                                                             arithmetic mean of three
                                                             runs.
                                                            3. Conditions when data
                                                             from an additional test
                                                             run can be used.

[[Page 536]]

 
Sec.   63.7(e)(4)............  Conduct of performance       Administrator's authority    Yes.
                                tests.                       to require testing under
                                                             section 114 of the Act.
Sec.   63.7(f)...............  Alternative Test Method....  Procedures by which          Yes.
                                                             Administrator can grant
                                                             approval to use an
                                                             alternative test method.
Sec.   63.7(g)...............  Performance Test Data        1. Must include raw data in  Yes.
                                Analysis.                    performance test report.
                                                            2. Must submit performance
                                                             test data 60 days after
                                                             end of test with the
                                                             Notification of Compliance
                                                             Status.
                                                            3. Keep data for 5 years...
Sec.   63.7(h)...............  Waiver of Tests............  Procedures for               Yes.
                                                             Administrator to waive
                                                             performance test.
Sec.   63.8(a)(1)............  Applicability of Monitoring  Subject to all monitoring    Yes.
                                Requirements.                requirements in standard.
Sec.   63.8(a)(2)............  Performance Specifications.  Performance Specifications   Yes, if CEMS used.
                                                             in appendix B of part 60
                                                             apply.
Sec.   63.8(a)(3)............  [Reserved]
Sec.   63.8(a)(4)............  Monitoring with Flares.....  Unless your rule says        Yes.
                                                             otherwise, the
                                                             requirements for flares in
                                                             Sec.   63.11 apply.
Sec.   63.8(b)(1)............  Monitoring.................  Must conduct monitoring      Yes.
                                                             according to standard
                                                             unless Administrator
                                                             approves alternative.
Sec.   63.8(b)(2)-(3)........  Multiple Effluents and       1. Specific requirements     Yes.
                                Multiple Monitoring          for installing monitoring
                                Systems.                     systems.
                                                            2. Must install on each
                                                             effluent before it is
                                                             combined and before it is
                                                             released to the atmosphere
                                                             unless Administrator
                                                             approves otherwise.
                                                            3. If more than one
                                                             monitoring system on an
                                                             emission point, must
                                                             report all monitoring
                                                             system results, unless one
                                                             monitoring system is a
                                                             backup.
Sec.   63.8(c)(1)(i).........  Routine and predictable CMS  1. Keep parts for routine    Yes before September 9,
                                malfunction.                 repairs readily available.   2020. No on and after
                                                            2. Reporting requirements     September 9, 2020.
                                                             for CMS malfunction when
                                                             action is described in SSM
                                                             plan.
Sec.   63.8(c)(1)(ii)........  CMS malfunction not in SSP   Keep the necessary parts     Yes.
                                plan.                        for routine repairs if CMS.
Sec.   63.8(c)(1)(iii).......  Compliance with Operation    Develop a written startup,   Yes before September 9,
                                and Maintenance              shutdown, and malfunction    2020. No on and after
                                Requirements.                plan for CMS.                September 9, 2020.
Sec.   63.8(c)(2)-(3)........  Monitoring System            1. Must install to get       Yes.
                                Installation.                representative emission
                                                             and parameter measurements.
                                                            2. Must verify operational
                                                             status before or at
                                                             performance test.
Sec.   63.8(c)(4)............  CMS Requirements...........  CMS must be operating        No; Sec.   63.8690
                                                             except during breakdown,     specifies the CMS
                                                             out-of-control, repair,      requirements.
                                                             maintenance, and high-
                                                             level calibration drifts.
Sec.   63.8(c)(4)(i)-(ii)....  CMS Requirements...........  1. COMS must have a minimum  Yes, if COMS used.
                                                             of one cycle of sampling
                                                             and analysis for each
                                                             successive 10-second
                                                             period and one cycle of
                                                             data recording for each
                                                             successive 6-minute period.
                                                            2. CEMS must have a minimum
                                                             of one cycle of operation
                                                             for each successive 15-
                                                             minute period.
Sec.   63.8(c)(5)............  COMS Minimum Procedures....  COMS minimum procedures      Yes.
Sec.   63.8(c)(6)............  CMS Requirements...........  Zero and High level          No; Sec.   63.8688
                                                             calibration check            specifies the CMS
                                                             requirements.                requirements.
Sec.   63.8(c)(7)-(8)........  CMS Requirements...........  Out-of-control periods,      Yes.
                                                             including reporting.

[[Page 537]]

 
Sec.   63.8(d)...............  CMS Quality Control........  1. Requirements for CMS      Yes.
                                                             quality control, including
                                                             calibration, etc.
                                                            2. Must keep quality
                                                             control plan on record for
                                                             the life of the affected
                                                             source.
                                                            3. Keep old versions for 5
                                                             years after revisions.
Sec.   63.8(e)...............  CMS Performance Evaluation.  Notification, performance    No; Sec.   63.8688
                                                             evaluation test plan,        specifies the CMS
                                                             reports.                     requirements.
Sec.   63.8(f)(1)-(5)........  Alternative Monitoring       Procedures for               Yes.
                                Method.                      Administrator to approve
                                                             alternative monitoring.
Sec.   63.8(f)(6)............  Alternative to Relative      Procedures for               Yes, if CEMS used.
                                Accuracy Test.               Administrator to approve
                                                             alternative relative
                                                             accuracy tests for CEMS.
Sec.   63.8(g)(1)-(4)........  Data Reduction.............  1. COMS 6-minute averages    Yes, if CEMS or COMS
                                                             calculated over at least     used.
                                                             36 evenly spaced data
                                                             points.
                                                            2. CEMS 1-hour averages
                                                             computed over at least 4
                                                             equally spaced data points.
Sec.   63.8(g)(5)............  Data Reduction.............  Data that cannot be used in  No; Sec.   63.8690
                                                             computing averages for CMS.  specifies the CMS
                                                                                          requirements.
Sec.   63.9(a)...............  Notification Requirements..  Applicability and State      Yes.
                                                             Delegation
Sec.   63.9(b)(1)-(5)........  Initial Notifications......  1. Submit notification 120   Yes.
                                                             days after effective date.
                                                            2. Notification of intent
                                                             to construct/reconstruct;
                                                             notification of
                                                             commencement of construct/
                                                             reconstruct; notification
                                                             of startup.
                                                            3. Contents of each........
Sec.   63.9(c)...............  Request for Compliance       Can request if cannot        Yes.
                                Extension.                   comply by date or if
                                                             installed Best Achievable
                                                             Control Technology (BACT)/
                                                             Lowest Achievable Emission
                                                             Rate (LAER).
Sec.   63.9(d)...............  Notification of Special      For sources that commence    Yes.
                                Compliance Requirements      construction between
                                for New Source.              proposal and promulgation
                                                             and want to comply 3 years
                                                             after effective date.
Sec.   63.9(e)...............  Notification of Performance  Notify Administrator 60      Yes.
                                Test.                        days prior
Sec.   63.9(f)...............  Notification of VE/Opacity   Notify Administrator 30      Yes.
                                Test.                        days prior
Sec.   63.9(g)...............  Additional Notifications     1. Notification of           No; Sec.   63.8692
                                When Using CMS.              performance evaluation.      specifies the CMS
                                                            2. Notification using COMS    notification
                                                             data.                        requirements.
                                                            3. Notification that the
                                                             criterion for use of
                                                             alternative to relative
                                                             accuracy testing was
                                                             exceeded.
Sec.   63.9(h)(1)-(6)........  Notification of Compliance   1. Contents.                 Yes.
                                Status.                     2. Due 60 days after end of
                                                             performance test or other
                                                             compliance demonstration,
                                                             except for opacity/VE,
                                                             which are due 30 days
                                                             after.
                                                            3. When to submit to
                                                             Federal vs. State
                                                             authority.
Sec.   63.9(i)...............  Adjustment of Submittal      Procedures for               Yes.
                                Deadlines.                   Administrator to approve
                                                             change in dates when
                                                             notifications must be
                                                             submitted.
Sec.   63.9(j)...............  Change in Previous           Must submit within 15 days   Yes.
                                Information.                 after the change.
Sec.   63.9(k)...............  Electronic reporting         Electronic reporting         Yes.
                                procedures.                  procedures for
                                                             notifications per Sec.
                                                             63.9(j).
Sec.   63.10(a)..............  Recordkeeping/Reporting....  1. Applies to all, unless    Yes.
                                                             compliance extension.
                                                            2. When to submit to
                                                             Federal vs. State
                                                             authority.
                                                            3. Procedures for owners of
                                                             more than 1 source.
Sec.   63.10(b)(1)...........  Recordkeeping/Reporting....  1. General Requirements....  Yes.
                                                            2. Keep all records readily
                                                             available..
                                                            3. Keep for 5 years........

[[Page 538]]

 
Sec.   63.10(b)(2)(i)........  Records related to Startup   Occurrence of each of        Yes before September 9,
                                and Shutdown.                operation (process           2020. No on and after
                                                             equipment).                  September 9, 2020.
Sec.   63.10(b)(2)(ii).......  Recordkeeping Relevant to    Occurrence of each           Yes before September 9,
                                Malfunction Periods and      malfunction of air           2020. No on and after
                                CMS.                         pollution equipment.         September 9, 2020.
Sec.   63.10(b)(2)(iii)......  Recordkeeping Relevant to    Maintenance on air           Yes.
                                Maintenance of Air           pollution control
                                Pollution Control and        equipment.
                                Monitoring Equipment.
Sec.   63.10(b)(2)(iv).......  Recordkeeping Relevant to    Actions during startup,      Yes before September 9,
                                Startup, Shutdown, and       shutdown, and malfunction.   2020. No on and after
                                Malfunction Periods and                                   September 9, 2020.
                                CMS.
Sec.   63.10(b)(2)(v)........  Recordkeeping Relevant to    Actions during startup,      Yes before September 9,
                                Startup, Shutdown, and       shutdown, and malfunction.   2020. No on and after
                                Malfunction Periods and                                   September 9, 2020.
                                CMS.
Sec.   63.10(b)(2)(vi) and (x- CMS Records................  1. Malfunctions,             Yes.
 xi).                                                        inoperative, out-of-
                                                             control.
                                                            2. Calibration checks......
                                                            3. Adjustments, maintenance
Sec.   63.10(b)(2)(vii)-(ix).  Records....................  1. Measurements to           Yes.
                                                             demonstrate compliance
                                                             with emission limitations.
                                                            2. Performance test,
                                                             performance evaluation,
                                                             and visible emission
                                                             observation results.
                                                            3. Measurements to
                                                             determine conditions of
                                                             performance tests and
                                                             performance evaluations.
Sec.   63.10(b)(2)(xii)......  Records....................  Records when under waiver..  Yes
Sec.   63.10(b)(2)(xiii).....  Records....................  Records when using           Yes.
                                                             alternative to relative
                                                             accuracy test.
Sec.   63.10(b)(2)(xiv)......  Records....................  All documentation            Yes.
                                                             supporting Initial
                                                             Notification and
                                                             Notification of Compliance
                                                             Status.
Sec.   63.10(b)(3)...........  Records....................  Applicability                Yes.
                                                             determinations.
Sec.   63.10(c)(1)-(6), (9)-   Records....................  Additional records for CMS.  No; Sec.   63.8694
 (15).                                                                                    specifies the CMS
                                                                                          recordkeeping
                                                                                          requirements.
Sec.   63.10(c)(7)-(8).......  Records....................  Records of excess emissions  No; Sec.   63.8694
                                                             and parameter monitoring     specifies the CMS
                                                             exceedances for CMS.         recordkeeping
                                                                                          requirements.
Sec.   63.10(d)(1)...........  General Reporting            Requirement to report......  Yes.
                                Requirements.
Sec.   63.10(d)(2)...........  Report of Performance Test   When to submit to Federal    Yes.
                                Results.                     or State authority.
Sec.   63.10(d)(3)...........  Reporting Opacity or VE      What to report and when....  Yes.
                                Observations.
Sec.   63.10(d)(4)...........  Progress Reports...........  Must submit progress         Yes.
                                                             reports on schedule if
                                                             under compliance extension.
Sec.   63.10(d)(5)...........  Startup, Shutdown, and       Contents and submission....  Yes before September 9,
                                Malfunction Reports.                                      2020. No on and after
                                                                                          September 9, 2020.
Sec.   63.10(e)(1), (2)......  Additional CMS Reports.....  1. Must report results for   Yes.
                                                             each CEM on a unit.
                                                            2. Written copy of
                                                             performance evaluation.
                                                            3. Three copies of COMS
                                                             performance evaluation.
Sec.   63.10(e)(3)...........  Reports....................  Excess emission reports....  No; Sec.   63.8693
                                                                                          specifies the
                                                                                          reporting
                                                                                          requirements.
Sec.   63.10(e)(3)(i)-(iii)..  Reports....................  Schedule for reporting       No; Sec.   63.8693
                                                             excess emissions and         specifies the
                                                             parameter monitor            reporting
                                                             exceedances (now defined     requirements.
                                                             as deviations).

[[Page 539]]

 
Sec.   63.10(e)(3)(iv)-(v)...  Excess Emissions Reports...  1. Requirement to revert to  No; Sec.   63.8693
                                                             the frequency specified in   specifies the
                                                             the relevant standard if     reporting
                                                             there is an excess           requirements.
                                                             emissions and parameter
                                                             monitor exceedances (now
                                                             defined as deviations).
                                                            2. Provision to request
                                                             semiannual reporting after
                                                             compliance for one year.
                                                            3. Submit report by 30th
                                                             day following end of
                                                             quarter or calendar half.
                                                            4. If there has not been an
                                                             exceedance or excess
                                                             emission (now defined as
                                                             deviations), report
                                                             content is a statement
                                                             that there have been no
                                                             deviations.
Sec.   63.10(e)(3)(iv)-(v)...  Excess Emissions Reports...  Must submit report           No; Sec.   63.8693
                                                             containing all of the        specifies the
                                                             information in Sec.          reporting
                                                             63.10(c)(5)(13), Sec.        requirements.
                                                             63.8(c)(7)-(8).
Sec.   63.10(e)(3)(vi)-(viii)  Excess Emissions Report and  1. Requirements for          No; Sec.   63.8693
                                Summary Report.              reporting excess emissions   specifies the
                                                             for CMS (now called          reporting
                                                             deviations).                 requirements.
                                                            2. Requires all of the
                                                             information in Sec.
                                                             63.10(c)(5)(13), Sec.
                                                             63.8(c)(7)-(8).
Sec.   63.10(e)(4)...........  Reporting COMS data........  Must submit COMS data with   Yes, if COMS used.
                                                             performance test data.
Sec.   63.10(f)..............  Waiver for Recordkeeping/    Procedures for               Yes.
                                Reporting.                   Administrator to waive.
Sec.   63.11.................  Flares.....................  Requirements for flares....  Yes.
Sec.   63.12.................  Delegation.................  State authority to enforce   Yes.
                                                             standards.
Sec.   63.13.................  Addresses..................  Addresses where reports,     Yes.
                                                             notifications, and
                                                             requests are sent.
Sec.   63.14.................  Incorporation by Reference.  Test methods incorporated    Yes.
                                                             by reference.
Sec.   63.15.................  Availability of Information  Public and confidential      Yes.
                                                             information.
----------------------------------------------------------------------------------------------------------------


[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 85 
FR 14556, Mar. 12, 2020; 85 FR 73916, Nov. 19, 2020]



Subpart MMMMM_National Emission Standards for Hazardous Air Pollutants: 
            Flexible Polyurethane Foam Fabrication Operations

    Source: 68 FR 18070, Apr. 14, 2003, unless otherwise noted.

                        What This Subpart Covers



Sec.  63.8780  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) emitted from flexible polyurethane foam 
fabrication operations. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emission 
standards.



Sec.  63.8782  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a flexible 
polyurethane foam fabrication plant site that operates a flame 
lamination affected source, as defined at Sec.  63.8784(b)(2), and that 
is located at, or is part of a major emission source of hazardous air 
pollutants (HAP) or that operates a loop slitter affected source, as 
defined at Sec.  63.8784(b)(1), that meets the criteria in paragraphs 
(a)(1) and (2) of this section.
    (1) The loop slitter affected source uses one or more HAP-based 
adhesives at any time on or after April 14, 2003.
    (2) The loop slitter affected source is located at or is part of a 
major source of HAP.
    (b) A flexible polyurethane foam fabrication plant site is a plant 
site where pieces of flexible polyurethane foam are bonded together or 
to other substrates using HAP-based adhesives or flame lamination.
    (c) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 10

[[Page 540]]

tons or more per year or any combination of HAP at a rate of 25 tons or 
more per year.
    (d) This subpart does not apply to the following processes in 
paragraphs (d)(1) and (2) of this section:
    (1) Processes that produce flexible polyurethane or rebond foam as 
defined in subpart III of this part.
    (2) A research and development facility, as defined in section 
112(c)(7) of the Clean Air Act (CAA).



Sec.  63.8784  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at facilities engaged in flexible polyurethane foam 
fabrication.
    (b) The affected sources are defined in this section in paragraphs 
(b)(1) and (2) of this section.
    (1) The loop slitter adhesive use affected source is the collection 
of all loop slitters and associated adhesive application equipment used 
to apply HAP-based adhesives to bond foam to foam at a flexible 
polyurethane foam fabrication plant site.
    (2) The flame lamination affected source is the collection of all 
flame lamination lines associated with the flame lamination of foam to 
any substrate at a flexible polyurethane foam fabrication plant site.
    (c)(1) A new affected source is one that commences construction 
after August 8, 2001 and meets the applicability criteria of Sec.  
63.8782 at the time construction commences.
    (2) If you add one or more flame lamination lines at a plant site 
where flame lamination lines already exist, the added line(s) shall be a 
new affected source and meet new source requirements if the added 
line(s) are at a flexible polyurethane foam fabrication plant site that 
has the potential to emit 10 tons per year or more of any HAP or 25 tons 
or more per year of any combination of HAP.
    (d) A reconstructed affected source is one that commences 
reconstruction after August 8, 2001 and meets the criteria for 
reconstruction as defined in Sec.  63.2.
    (e) An affected source is existing if it commenced construction or 
reconstruction on or before August 8, 2001.

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 
86 FR 64398, Nov. 18, 2021]



Sec.  63.8786  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your new or reconstructed affected source before 
April 14, 2003, then you must comply with the emission standards for new 
or reconstructed sources in this subpart no later than April 14, 2003.
    (2) If you start up your new or reconstructed affected source on or 
after April 14, 2003, then you must comply with the emission standards 
for new or reconstructed sources in this subpart upon startup of your 
affected source.
    (b) If you have an existing affected source, you must comply with 
this subpart according to paragraphs (b)(1) and (b)(2) of this section, 
as applicable.
    (1) If you have an existing loop slitter affected source, you must 
comply with the emission standards for existing sources no later than 
April 14, 2004.
    (2) If you have an existing flame lamination affected source, you 
must comply with the emission standards for existing sources no later 
than May 17, 2022.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP and an 
affected source subject to this subpart, the provisions in paragraphs 
(c)(1) and (2) of this section apply.
    (1) A new affected source as specified at Sec.  63.8784(c) or a 
reconstructed affected source as specified at Sec.  63.8784(d) must be 
in compliance with this subpart upon startup.
    (2) An existing affected source as specified at Sec.  63.8784(e) 
must be in compliance with this subpart no later than 1 year after the 
date on which the area source became a major source.
    (d) You must meet the notification requirements in Sec.  63.8816 
according to the schedule in Sec.  63.8816 and in subpart

[[Page 541]]

A of this part. Some of the notifications must be submitted before you 
are required to comply with the emission standards in this subpart.
    (e) If you have a loop slitter affected source, you must have data 
on hand beginning on the compliance date specified in paragraph (b) of 
this section as necessary to demonstrate that your adhesives are not 
HAP-based. The types of data necessary are described in Sec. Sec.  
63.8802 and 63.8810.
    (f) You must comply with the electronic reporting requirements 
according to paragraphs (f)(1) and (f)(2) of this section.
    (1) You must comply with the performance test and CMS performance 
evaluation requirements of Sec.  63.8818(j) on or before May 17, 2022.
    (2) You must comply with the compliance report requirements of Sec.  
63.8818(k) on or before May 17, 2022 or once the report template for 
this subpart has been available on the CEDRI website for 1 year, 
whichever date is later.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64398, Nov. 18, 2021]

                          Emission Limitations



Sec.  63.8790  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

                     General Compliance Requirements



Sec.  63.8794  What are my general requirements for complying with
this subpart?

    (a) For each loop slitter adhesive use affected source, you must be 
in compliance with the requirements in this subpart at all times.
    (b) For each flame lamination affected source, you must be in 
compliance with the requirements in this subpart at all times.
    (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. The general duty to minimize 
emissions does not require you 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.
    (d) For flame lamination affected sources in Sec.  63.8786 using a 
control device to comply with the emission limitations in Table 1 to 
this subpart, you must maintain a log detailing the operation and 
maintenance of the process and emissions control equipment during the 
period between the compliance date specified for your flame lamination 
affected source in Sec.  63.8786 and the date upon which continuous 
compliance monitoring systems required by Sec.  63.8810(c) have been 
installed and verified and any applicable operating limits have been 
set.
    (e) [Reserved]
    (f) For each monitoring system required by Sec.  63.8810(c) for 
flame lamination sources, you must develop and submit for approval a 
site-specific monitoring plan that addresses the requirements in 
paragraphs (f)(1) through (3) of this section.
    (1) Installation of the continuous monitoring system (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);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (g) In your site-specific monitoring plan, you must also address the 
ongoing procedures specified in paragraphs (g)(1) through (3) of this 
section.

[[Page 542]]

    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec.  63.8(c)(1), (3), (4)(ii), (7), 
and (8), and 63.8804;
    (2) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 
86 FR 64399, Nov. 18, 2021]

               Testing and Initial Compliance Requirements



Sec.  63.8798  By what date must I conduct performance tests or other
initial compliance demonstrations?

    (a) For each loop slitter affected source, you must conduct the 
initial compliance demonstration by the compliance date that is 
specified for your source in Sec.  63.8786.
    (b) For each flame lamination affected source, you must conduct 
performance tests by the compliance date that is specified for your 
source in Sec.  63.8786 and according to the provisions in Sec.  
63.7(a)(2).
    (c) You must conduct subsequent performance tests to demonstrate 
compliance with the flame lamination emissions limitations in Table 1 to 
this subpart no less frequently than every 5 years from the date of the 
last performance test.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64399, Nov. 18, 2021]



Sec.  63.8800  What performance tests and other procedures must I use to
demonstrate compliance with the emission limit for flame lamination?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in paragraph (c) of this section and under the specific 
conditions in Table 3 to this subpart.
    (c) You must conduct each performance test under conditions 
representative of normal operations. You may not conduct performance 
tests during periods of SSM. 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.
    (d) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec.  
63.7(e)(3). Each test run must last at least 1 hour.
    (e) For new and reconstructed affected sources, you must determine 
the percent reduction of HAP emissions during the performance test 
according to paragraphs (e)(1) through (3) of this section.
    (1) If you use chlorinated fire retardant foams, determine the 
percent reduction of HCl to represent HAP emissions from the source. If 
you do not use chlorinated fire retardant foams, determine the percent 
reduction of HCN to represent HAP emissions from the source.
    (2) Calculate the concentration of HAP at the control device inlet 
and at the control device outlet using the procedures in the specified 
test method.
    (3) Compare the calculated HAP concentration at the control device 
inlet to the calculated HAP concentration at the control device outlet 
to determine the percent reduction over the period of the performance 
test, using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14AP03.000

Where:

R = Efficiency of control device, percent.
Einlet,i = HAP concentration of control device inlet stream 
          for test run i, mg/dscm.
Eoutlet,i = HAP concentration of control device outlet stream 
          for test run i, mg/dscm.
n = Number of runs conducted for the performance test.

    (f) For existing affected sources, you must determine the HCl 
emissions rate according to paragraphs (f)(1) through (3) of this 
section.

[[Page 543]]

    (1) Calculate the concentration of HCl in the vent outlet to the 
atmosphere or at the control device outlet, if a control device is used, 
using the procedures in the specified test method.
    (2) Determine the vent outlet gas stream volumetric flow rate or if 
a control device is used, the control device outlet gas stream 
volumetric flow rate, using the procedures in the specified test method.
    (3) Calculate the HCl emission rate for the period of the 
performance test using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR18NO21.080

Where:

EHCl = Emission rate of HCl, lbs/hr.
C= average HCl concentration of vent or control device outlet stream for 
          all test runs, lb/dscft.
AOF = average outlet volumetric flow rate of gas stream, dry basis, 
          dscft/hr.

    (g) You must also meet the requirements in paragraphs (g)(1) and (2) 
of this section.
    (1) Conduct the performance tests using foams that are 
representative of foams typically used at your flame lamination affected 
source. If you use foams containing chlorinated fire retardants, you 
must conduct the performance tests using these foams.
    (2) Establish all applicable operating limits that correspond to the 
control system efficiency as described in Table 3 to this subpart.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64399, Nov. 18, 2021]



Sec.  63.8802  What methods must I use to demonstrate compliance with the 
emission limitation for loop slitter adhesive use?

    (a) Determine the HAP content for each material used. To determine 
the HAP content for each material used in your foam fabrication 
operations, you must use one of the options in paragraphs (a)(1) through 
(3) of this section. If you use the option in paragraph (a)(3) of this 
section, you are subject to the provisions of paragraph (a)(4) of this 
section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
determining HAP content by Method 311.
    (i) Include in the HAP total each HAP in Table 8 of this subpart 
that is measured at 0.1 percent by weight or more and any other HAP that 
is measured at 1.0 percent by weight or more. Express the weight 
fraction of each HAP you measure as a value truncated to four places 
after the decimal point (for example, 0.1234).
    (ii) Calculate the total HAP content in the test material by adding 
up the individual HAP contents and truncating the result to three places 
after the decimal point (for example, 0.123).
    (2) Alternative method. You may use an alternative test method for 
determining mass fraction of HAP if you obtain prior approval by the 
Administrator. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (3) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) and (2) of this section to 
determine the mass fraction of HAP according to paragraphs (a)(3)(i) and 
(ii) of this section. This information may include, but is not limited 
to, a material safety data sheet (MSDS), a certified product data sheet 
(CPDS), or a manufacturer's hazardous air pollutant data sheet.
    (i) Include in the HAP total each HAP in Table 8 of this subpart 
that is present at 0.1 percent by weight or more and any other HAP that 
is present at 1.0 percent by weight or more.
    (ii) If the HAP content is provided by the material supplier or 
manufacturer as a range, then you must use the upper limit of the range 
for determining compliance.
    (4) Verification of supplier or manufacturer information. Although 
you are not required to perform testing to verify

[[Page 544]]

the information obtained according to paragraph (a)(3) of this section, 
the Administrator may require a separate measurement of the total HAP 
content using the methods specified in paragraph (a)(1) or (2) of this 
section. If this measurement exceeds the total HAP content provided by 
the material supplier or manufacturer, then you must use the measured 
HAP content to determine compliance.
    (b) [Reserved]

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64399, Nov. 18, 2021]



Sec.  63.8806  How do I demonstrate initial compliance with the emission
limitations?

    (a) You must demonstrate initial compliance with each emission limit 
that applies to you according to Table 4 to this subpart.
    (b) You must establish each site-specific operating limit in Table 2 
to this subpart that applies to you according to the requirements in 
Sec.  63.8800 and Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status containing 
the results of the initial compliance demonstration according to the 
requirements in Sec.  63.8816(e) through (h).

                   Continuous Compliance Requirements



Sec.  63.8810  How do I monitor and collect data to demonstrate continuous
compliance?

    (a) If you own or operate a loop slitter adhesive use affected 
source, you must meet the requirements in paragraphs (a)(1) and (2) of 
this section.
    (1) Maintain a list of each adhesive and the manufacturer or 
supplier of each.
    (2) Maintain a record of EPA Method 311 (appendix A to 40 CFR part 
63), approved alternative method, or other reasonable means of HAP 
content determinations indicating the mass percent of each HAP for each 
adhesive.
    (b) If you own or operate a flame lamination affected source, you 
must meet the requirements in paragraphs (b)(1) through (3) of this 
section if you use a scrubber, or paragraph (b)(4) of this section if 
you use any other control device.
    (1) Keep records of the daily average scrubber inlet liquid flow 
rate.
    (2) Keep records of the daily average scrubber effluent pH.
    (3) If you use a venturi scrubber, keep records of daily average 
pressure drop across the venturi.
    (4) Keep records of operating parameter values for each operating 
parameter that applies to you.
    (c) If you own or operate a control device to meet the emissions 
limitations for a flame lamination affected source, you must meet the 
requirements in paragraphs (c)(1) through (4) of this section.
    (1) Except for periods of monitoring-associated repairs and required 
quality assurance or control activities (including, as applicable, 
calibration checks and required zero and span adjustments), you must 
monitor continuously (or collect data at all required intervals) at all 
times that the affected source is operating.
    (2) In data average calculations and calculations used to report 
emission or operating levels, you may not use data recorded during 
monitoring malfunctions, associated repairs, or recorded during required 
quality assurance or control activities. Nor may such data be used in 
fulfilling any applicable minimum data availability requirement. You 
must use all the data collected during all other periods in assessing 
the operation of the control device and associated control system.
    (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.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64399, Nov. 18, 2021]



Sec.  63.8812  How do I demonstrate continuous compliance with the
emission limitations?

    (a) You must demonstrate continuous compliance with each emission 
limit and operating limit in Tables 1 and 2 to this subpart that applies 
to you according to the methods specified in Table 5 to this subpart.

[[Page 545]]

    (b) You must report each instance in which you did not meet each 
emission limit and each operating limit in Tables 1 and 2 to this 
subpart that applies to you. These instances are deviations from the 
operating limits in this subpart. These deviations must be reported 
according to the requirements in Sec.  63.8818.
    (c)-(d) [Reserved]
    (e) You must meet the following requirements if you are complying 
with the adhesive use ban for loop slitter adhesive use described in 
Sec.  63.8790(a).
    (1) If, after you submit the Notification of Compliance Status, you 
use an adhesive for which you have not previously verified percent HAP 
mass using the methods in Sec.  63.8802, you must verify that each 
adhesive used in the affected source meets the emission limit, using any 
of the methods in Sec.  63.8802.
    (2) You must update the list of all the adhesives used at the 
affected source.
    (3) With the compliance report for the reporting period during which 
you used the new adhesive, you must submit the updated list of all 
adhesives and a statement certifying that, as purchased, each adhesive 
used at the affected source during the reporting period met the emission 
limit in Table 1 to this subpart.

[68 FR 18070, Apr. 14, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 
86 FR 64400, Nov. 18, 2021]

                   Notification, Reports, and Records



Sec.  63.8816  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(f), and 63.9(b) through (h) that apply to you.
    (b) If you own or operate an existing loop slitter or flame 
lamination affected source, submit an initial notification no later than 
120 days after April 14, 2003, or no later than 120 days after the 
source becomes subject to this subpart, whichever is later.
    (c) If you own or operate a new or reconstructed loop slitter or 
flame lamination affected source, submit the application for 
construction or reconstruction required by Sec.  63.9(b)(1)(iii) in lieu 
of the initial notification.
    (d) If you own or operate a flame lamination affected source, submit 
a notification of intent to conduct a performance test at least 60 
calendar days before the performance test is scheduled to begin, as 
required in Sec.  63.7(b)(1).
    (e) If you own or operate a loop slitter affected source, submit a 
Notification of Compliance Status according to Sec.  63.9(h)(2)(ii) 
within 60 days of the compliance date specified in Sec.  63.8786.
    (f) If you own or operate a flame lamination affected source, submit 
a Notification of Compliance Status according to Sec.  63.9(h)(2)(ii) 
that includes the results of the performance test conducted according to 
the requirements in Table 3 to this subpart. You must submit the 
notification before the close of business on the 60th calendar day 
following the completion of the performance test according to Sec.  
63.10(d)(2).
    (g) For each flame lamination affected source, the Notification of 
Compliance Status must also include the information in paragraphs (g)(1) 
and (2) that applies to you.
    (1) The operating parameter value averaged over the full period of 
the performance test (for example, average pH).
    (2) The operating parameter range within which HAP emissions are 
reduced to the level corresponding to meeting the applicable emission 
limits in Table 1 to this subpart.
    (h) For each loop slitter adhesive use affected source, the 
Notification of Compliance Status must also include the information 
listed in paragraphs (h)(1) and (2) of this section.
    (1) A list of each adhesive used at the affected source, its HAP 
content (percent by weight), and the manufacturer or supplier of each.
    (2) A statement certifying that each adhesive that was used at the 
affected source during the reporting period met the emission limit in 
Table 1 to this subpart.

[68 FR 18070, Apr. 14, 2003, as amended at 85 FR 73916, Nov. 19, 2020; 
86 FR 64400, Nov. 18, 2021]

[[Page 546]]



Sec.  63.8818  What reports must I submit and when?

    (a) You must submit each report in Table 6 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each 
compliance report for flame lamination affected sources semiannually 
according to paragraphs (b)(1) through (4) of this section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.8786 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec.  63.8786.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for your 
affected source in Sec.  63.8786.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (c) For each loop slitter adhesive use affected source, you may 
submit annual compliance reports in place of semiannual reports.
    (d) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the dates in paragraphs (b)(1) through (4) of 
this section.
    (e) The compliance report must contain the information in paragraphs 
(e)(1) through (5) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy and completeness of 
the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If there are no deviations from any emission limitations 
(emission limit or operating limit) that applies to you, a statement 
that there were no deviations from the emission limitations during the 
reporting period.
    (5) For each deviation from an emission limitation that occurs, the 
compliance report must contain the information specified in paragraphs 
(e)(5)(i) through (iii) of this section.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (iii) Information on the number, duration, and cause for continuous 
parameter monitoring system (CPMS) downtime incidents, if applicable, 
other than downtime associated with zero and span and other daily 
calibration checks.
    (f) The compliance report for flame lamination affected sources 
required by Sec.  63.8810(c) to conduct continuous monitoring must also 
contain the following information in paragraphs (f)(1) and (2) of this 
section.
    (1) If there were no periods during which the CPMS was out-of-
control in accordance with the monitoring plan, a statement that there 
were no periods during which the CPMS was out-of-control during the 
reporting period.
    (2) If there were periods during which the CPMS was out-of-control 
in accordance with the monitoring plan, the date, time, and duration of 
each out-of-control period.
    (g) The compliance report for a loop slitter adhesive use affected 
source must also contain the following information in paragraphs (g)(1) 
and (2) of this section.

[[Page 547]]

    (1) For each annual reporting period during which you use an 
adhesive that was not included in the list submitted with the 
Notification of Compliance Status in Sec.  63.8816(h) (1), an updated 
list of all adhesives used at the affected source.
    (2) A statement certifying that each adhesive that was used at the 
affected source during the reporting period met the emission limit in 
Table 1 to this subpart.
    (h) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all 
deviations as defined in this subpart in the semiannual monitoring 
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a compliance report 
pursuant to Table 6 to this subpart along with, or as part of, the 
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required 
information concerning deviations from any emission limitation 
(including any operating limit) in this subpart, submission of the 
compliance report shall be deemed to satisfy any obligation to report 
the same deviations in the semiannual monitoring report. However, 
submission of a compliance report shall not otherwise affect any 
obligation the affected source may have to report deviations from permit 
requirements to the permit authority.
    (i) [Reserved]
    (j) For Performance Test and CMS Performance Evaluation Reports, 
beginning on May 17, 2022, within 60 days after the date of completing 
each performance test or CMS performance evaluation (as defined in Sec.  
63.2) required by this subpart, the owner or operator must submit the 
results of the performance test or CMS performance evaluation following 
the procedures specified in paragraphs (j)(1) through (3) of this 
section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-
reporting-tool-ert) at the time of the test. Submit the results of the 
performance test or the performance evaluation of CMS measuring relative 
accuracy test audit (RATA) pollutants to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI), which can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). 
The data must be submitted in a file format generated using the EPA's 
ERT. Alternatively, you may submit an electronic file consistent with 
the extensible markup language (XML) schema listed on the EPA's ERT 
website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test or the performance evaluation of CMS 
measuring RATA pollutants by methods that are not supported by the ERT, 
must be included as an attachment in the ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT website. 
Submit the ERT generated package or alternative file to the EPA via 
CEDRI.
    (3) Confidential business information (CBI). Do not use CEDRI to 
submit information you claim as CBI. Anything submitted using CEDRI 
cannot later be claimed CBI. Although we do not expect persons to assert 
a claim of CBI, if you wish to assert a CBI claim for some of the 
information submitted under paragraph (a)(1) or (2) of this section, you 
must submit a complete file, including information claimed to be CBI, to 
the EPA. The file must be generated using the EPA's ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the file on a compact disc, flash drive, or other 
commonly used electronic storage medium and clearly mark the medium as 
CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted must be 
submitted to the EPA via the EPA's CDX as described in paragraphs (a)(1) 
and (2) of this section. All CBI claims must be asserted at the time of 
submission. Furthermore, under CAA section 114(c),

[[Page 548]]

emissions data is not entitled to confidential treatment, and the EPA is 
required to make emissions data available to the public. Thus, emissions 
data will not be protected as CBI and will be made publicly available.
    (k) When submitting reports electronically, on and after the date 
specified in Sec.  63.8786(f)(2), you must submit reports to the EPA via 
CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/
). The EPA will make all the information submitted through CEDRI 
available to the public without further notice to you. Do not use CEDRI 
to submit information you claim as confidential business information 
(CBI). Anything submitted using CEDRI cannot later be claimed CBI. You 
must use the appropriate electronic report template on the CEDRI website 
(https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this 
subpart. The date report templates become available will be listed on 
the CEDRI website. Unless the Administrator or delegated state agency or 
other authority has approved a different schedule for submission of 
reports, the report must be submitted by the deadline specified in this 
subpart, regardless of the method in which the report is submitted. 
Although we do not expect persons to assert a claim of CBI, if you wish 
to assert a CBI claim, submit a complete report, including information 
claimed to be CBI, to the EPA. The report must be generated using the 
appropriate form on the CEDRI website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph (k). All CBI claims must be asserted 
at the time of submission. Furthermore, under CAA section 114(c), 
emissions data is not entitled to confidential treatment, and the EPA is 
required to make emissions data available to the public. Thus, emissions 
data will not be protected as CBI and will be made publicly available.
    (l) For claims of EPA system outage, when you are required to 
electronically submit a report through CEDRI in the EPA's CDX, you may 
assert a claim of EPA system outage for failure to timely comply with 
the reporting requirement. To assert a claim of EPA system outage, you 
must meet the requirements outlined in paragraphs (l)(1) through (7) of 
this section.
    (1) You must have been or will be precluded from accessing CEDRI and 
submitting a required report within the time prescribed due to an outage 
of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted electronically 
as soon as possible after the outage is resolved.
    (m) For claims of force majeure, when you are required to 
electronically submit a report through CEDRI in the EPA's CDX, you may 
assert a claim of force majeure for failure to timely

[[Page 549]]

comply with the reporting requirement. To assert a claim of force 
majeure, you must meet the requirements outlined in paragraphs (m)(1) 
through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior to 
the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, its 
contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have already 
met the reporting requirement at the time of the notification, the date 
you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64400, Nov. 18, 2021]



Sec.  63.8820  What records must I keep?

    (a) You must keep a copy of each notification and report that you 
submit to comply with this subpart, including all documentation 
supporting any Initial Notification or Notification of Compliance Status 
that you submitted, according to the requirements in Sec.  
63.10(b)(2)(xiv).
    (b) For each flame lamination affected source, you must also keep 
the following records specified in paragraphs (b)(1) through (3) of this 
section.
    (1) Records of performance tests, as required in Sec.  
63.10(b)(2)(viii).
    (2) Records of the operating parameter values required in Sec.  
63.8810(b).
    (3) The records specified in paragraphs (b)(3)(i) through (iii) of 
this section.
    (i) The number of deviations. For each deviation, record the date, 
time, cause, and duration of the deviation.
    (ii) For each deviation, 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.  63.8794(c), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (c) For each loop slitter adhesive use affected source, you must 
keep the following records specified in paragraphs (c)(1) and (2) of 
this section.
    (1) A list of each adhesive and the manufacturer or supplier of 
each.
    (2) A record of EPA Method 311 (appendix A to 40 CFR part 63), 
approved alternative method, or other reasonable means of determining 
the mass percent of total HAP for each adhesive used at the affected 
source.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64401, Nov. 18, 2021]



Sec.  63.8822  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence,

[[Page 550]]

measurement, maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after the 
date of each occurrence, measurement, maintenance, corrective action, 
report, or record, according to Sec.  63.10(b)(1). You can keep the 
records offsite for the remaining 3 years.

                   Other Requirements and Information



Sec.  63.8826  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which sections of the General 
Provisions in Sec. Sec.  63.1 through 63.15 apply to you.



Sec.  63.8828  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, in addition to the U.S. EPA, has the authority 
to implement and enforce this subpart. You should contact your U.S. EPA 
Regional Office to find out if implementation and enforcement of this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the Administrator of U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (4) that cannot be 
delegated to State, local, or tribal agencies are as follows:
    (1) Approval of alternatives to requirements in Sec. Sec.  63.8780, 
63.8782, 63.8784, 63.8786, and 63.8790.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  63.8(f) 
and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.



Sec.  63.8830  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
and in this section as follows:
    Adhesive means any chemical substance that is applied for the 
purpose of bonding foam to foam, foam to fabric, or foam to any other 
substrate, other than by mechanical means. Products used on humans and 
animals, adhesive tape, contact paper, or any other product with an 
adhesive incorporated onto it in an inert substrate shall not be 
considered adhesives under this subpart.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation (including 
any operating limit); or
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit; or
    (3) Fails to meet any emission limitation (including any operating 
limit) in this subpart, regardless of whether such failure is permitted 
by this subpart.
    Emission limitation means any emission limit or operating limit.
    Flame lamination means the process of bonding flexible foam to one 
or more layers of material by heating the foam surface with an open 
flame.
    Flame lamination line means the flame laminator and associated 
rollers.

[[Page 551]]

    HAP-based adhesive means an adhesive containing 1.0 percent by 
weight or more of any individual or combination HAP listed in Table 8 to 
this subpart or 1.0 percent by weight or more of any other individual 
HAP, according to information from the supplier or manufacturer of the 
material, EPA Method 311 (appendix A to 40 CFR part 63) or another 
approved alternative.
    Loop slitter means a machine used to create thin sheets of foam from 
the large blocks of foam or ``buns'' created at a slabstock flexible 
polyurethane foam production plant.
    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.
    Responsible official means responsible official as defined in 40 CFR 
70.2.

[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64401, Nov. 18, 2021]



        Sec. Table 1 to Subpart MMMMM of Part 63--Emission Limits

    As stated in Sec.  63.8790(a), you must comply with the emission 
limits in the following table:

------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each existing, new, or reconstructed  Not use any HAP-based
 loop slitter adhesive use affected       adhesives.
 source.
2. Each new or reconstructed flame       Reduce HAP emissions by 90
 lamination affected source.              percent.
3. Each existing flame lamination        Emit no more than 1.45 pounds
 affected source.                         per hour of HCl per flame
                                          lamination line.
------------------------------------------------------------------------


[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64402, Nov. 18, 2021]



Sec. Table 2 to Subpart MMMMM of Part 63--Operating Limits for Existing, 
         New, or Reconstructed Flame Lamination Affected Sources

    As stated in Sec.  63.8790(b), you must comply with the applicable 
operating limits in the following table:

------------------------------------------------------------------------
             For each . . .                       You must . . .
------------------------------------------------------------------------
1. Scrubber.............................  a. Maintain the daily average
                                           scrubber inlet liquid flow
                                           rate above the minimum value
                                           established during the
                                           performance test.
                                          b. Maintain the daily average
                                           scrubber effluent pH within
                                           the operating range value
                                           established during the
                                           performance test.
                                          c. If you use a venturi
                                           scrubber, maintain the daily
                                           average pressure drop across
                                           the venturi within the
                                           operating range value
                                           established during the
                                           performance test.
2. Other type of control device to which  Maintain your operating
 flame lamination emissions are ducted.    parameter(s) within the
                                           ranges established during the
                                           performance test and
                                           according to your monitoring
                                           plan.
------------------------------------------------------------------------


[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64402, Nov. 18, 2021]



Sec. Table 3 to Subpart MMMMM of Part 63--Performance Test Requirements 
  for Existing, New, or Reconstructed Flame Lamination Affected Sources

    As stated in Sec.  63.8800, you must comply with the requirements 
for performance tests for flame lamination affected sources in the 
following table using the requirements in rows 1 through 5 of the table 
if you are measuring HCl and using a scrubber, row 6 for new or 
reconstructed sources measuring HCN and using a scrubber, and row 7 if 
you are using any other control device. For existing sources not using a 
control device, you must comply with row 8 and rows 1 through 4 of the 
table.

[[Page 552]]



----------------------------------------------------------------------------------------------------------------
   For each new or reconstructed flame
lamination affected source, you must . .          Using . . .          According to the following requirements .
                    .                                                                     . .
----------------------------------------------------------------------------------------------------------------
1. Select sampling port's location and    Method 1 or 1A in appendix   Sampling sites must be located at the
 the number of traverse ports.             A to part 60 of this         inlet and outlet of the scrubber and
                                           chapter.                     prior to any releases to the atmosphere.
2. Determine velocity...................  Method 2, 2A, 2C, 2D, 2F,
                                           or 2G in appendix A to
                                           part 60 of this chapter..
3. Determine gas molecular weight.......  Not applicable.............  Assume a molecular weight of 29 (after
                                                                        moisture correction) for calculation
                                                                        purposes.
4. Measure moisture content of the stack  Method 4 in appendix A to
 gas.                                      part 60 of this chapter..
5. Measure HCl concentration............  Method 26A in appendix A to  i. For new or reconstructed sources,
                                           part 60 of this chapter.     determine the HCl reduction efficiency
                                                                        of the control device using Method 26A
                                                                        and the procedures specified in Sec.
                                                                        63.8800(e).
                                                                       ii. For existing sources, determine the
                                                                        HCl emission rate using Method 26A and
                                                                        the procedures specified in Sec.
                                                                        63.8800(f).
                                                                       iii. Collect scrubber liquid flow rate,
                                                                        scrubber effluent pH, and pressure drop
                                                                        (pressure drop data only required for
                                                                        venturi scrubbers) every 15 minutes
                                                                        during the entire duration of each 1-
                                                                        hour test run, and determine the average
                                                                        scrubber liquid flow rate, scrubber
                                                                        effluent pH, and pressure drop (pressure
                                                                        drop data only required for venturi
                                                                        scrubbers) over the period of the
                                                                        performance test by computing the
                                                                        average of all 15-minute readings.
6. Measure HCN concentration............  A method approved by the     i. Conduct the performance test according
                                           Administrator.               to the site-specific test plan submitted
                                                                        according to Sec.   63.7(c)(2)(i).
                                                                        Measure total HCN emissions and
                                                                        determine the reduction efficiency of
                                                                        the control device. Any performance test
                                                                        which measures HCN concentrations must
                                                                        be submitted for the administrator's
                                                                        approval prior to testing. You must use
                                                                        EPA Method 301 (40 CFR part 63, Appendix
                                                                        A) to validate your method.
                                                                       ii. Collect scrubber liquid flow rate,
                                                                        scrubber effluent pH, and pressure drop
                                                                        (pressure drop data only required for
                                                                        venturi scrubbers) every 15 minutes
                                                                        during the entire duration of each 1-
                                                                        hour test run, and determine the average
                                                                        scrubber liquid flow rate, scrubber
                                                                        effluent pH, and pressure drop (pressure
                                                                        drop data only required for venturi
                                                                        scrubbers) over the period of the
                                                                        performance test by computing the
                                                                        average of all 15-minute readings.
7. If you use any control device other    EPA-approved methods and     i. Conduct the performance test according
 than a scrubber, establish operating      data from the continuous     to the site-specific test plan submitted
 parameter limits with which you will      parameter monitoring         according to Sec.   63.7(c)(2)(i).
 demonstrate continuous compliance with    system.
 the emission limit that applies to the
 source.
                                                                       ii. For new or reconstructed sources,
                                                                        determine the HCl or HCN reduction
                                                                        efficiency of the control device using
                                                                        the EPA-approved method and the
                                                                        procedures specified in Sec.
                                                                        63.8800(e).
                                                                       iii. For existing sources, determine the
                                                                        HCl emission rate using the EPA-approved
                                                                        method and the procedures specified in
                                                                        Sec.   63.8800(f).
                                                                       iv. Collect operating parameter data as
                                                                        specified in the site-specific test
                                                                        plan.
8. Measure HCl concentration............  Method 26A in appendix A to  Determine the HCl emission rate using the
                                           part 60 of this chapter.     appropriate test methods and the
                                                                        procedures specified in Sec.
                                                                        63.8800(f).
----------------------------------------------------------------------------------------------------------------


[86 FR 64402, Nov. 18, 2021]



   Sec. Table 4 to Subpart MMMMM of Part 63--Initial Compliance With 
                             Emission Limits

    As stated in Sec.  63.8806, you must comply with the requirements to 
demonstrate initial compliance with the applicable emission limits in 
the following table:

[[Page 553]]



------------------------------------------------------------------------
                                                          You have
          For . . .             For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Each new, reconstructed,   Eliminate use of HAP- You do not use HAP-
 or existing loop slitter      based adhesives.      based adhesives.
 adhesive use affected
 source.
2. Each new or reconstructed  Reduce HAP emissions  The average HAP
 flame lamination affected     by 90 percent.        emissions, measured
 source using a scrubber.                            over the period of
                                                     the performance
                                                     test(s), are
                                                     reduced by 90
                                                     percent.
3. Each new or reconstructed  Reduce HAP emissions  The average HAP
 flame lamination affected     by 90 percent.        emissions, measured
 source using any other                              over the period of
 control device emissions by.                        the performance
                                                     test(s), are
                                                     reduced by 90
                                                     percent.
4. Each existing flame        Emit no more than     The average HCl
 lamination affected source.   1.45 pounds per       emissions, measured
                               hour of HCl per       over the period of
                               flame lamination      the performance
                               line.                 test(s) do not
                                                     exceed 1.45 pounds
                                                     per hour per flame
                                                     lamination line.
------------------------------------------------------------------------


[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64403, Nov. 18, 2021]



  Sec. Table 5 to Subpart MMMMM of Part 63--Continuous Compliance With 
                  Emission Limits and Operating Limits

    As stated in Sec.  63.8812(a), you must comply with the requirements 
to demonstrate continuous compliance with the applicable emission limits 
or operating limits in the following table:

------------------------------------------------------------------------
                                For the following   You must demonstrate
                               emission limits or        continuous
          For . . .           operating limits . .   compliance by . . .
                                        .
------------------------------------------------------------------------
1. Each new, reconstructed,   Eliminate use of HAP- Not using HAP-based
 or existing loop slitter      based adhesives.      adhesives.
 affected source.
2. Each existing, new, or     a. Maintain the       i. Collecting the
 reconstructed flame           daily average         scrubber inlet
 lamination affected source    scrubber inlet        liquid flow rate
 using a scrubber.             liquid flow rate      and effluent pH
                               above the minimum     monitoring data
                               value established     according to Sec.
                               during the            63.8804(a) through
                               performance.          (c).
                              b. Maintain the       ii. Reducing the
                               daily average         data to 1-hour and
                               scrubber effluent     daily block
                               pH within the         averages according
                               operating range       to the requirements
                               established during    in Sec.
                               the performance       63.8804(a).
                               test.                iii. Maintaining
                              c. Maintain the        each daily average
                               daily average         scrubber inlet
                               pressure drop         liquid flow rate
                               across the venturi    above the minimum
                               within the            value established
                               operating range       during the
                               established during    performance test.
                               the performance      iv. Maintaining the
                               test. If you use      daily average
                               another type of       scrubber effluent
                               scrubber (e.g.,       pH within the
                               packed bed or spray   operating range
                               tower scrubber),      established during
                               monitoring pressure   the performance
                               drop is not           test.
                               required.            v. If you use a
                                                     venturi scrubber,
                                                     maintaining the
                                                     daily average
                                                     pressure drop
                                                     across the venturi
                                                     within the
                                                     operating range
                                                     established during
                                                     the performance
                                                     test.
3. Each existing, new, or     a. Maintain the       i. Collected the
 reconstructed flame           daily average         operating parameter
 lamination affected source    operating             data according to
 using any other control       parameters above      the site-specific
 device.                       the minimum value     test plan.
                               established during   ii. Reducing the
                               the performance       data to one-hour
                               test, or within the   averages according
                               range established     to the requirements
                               during the            in Sec.
                               performance test,     63.8804(a).
                               as applicable.       iii. Maintaining the
                                                     daily average
                                                     during the rate
                                                     above the minimum
                                                     value established
                                                     during the
                                                     performance test,
                                                     or within the range
                                                     established during
                                                     the performance
                                                     test, as
                                                     applicable.
------------------------------------------------------------------------


[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64403, Nov. 18, 2021]



   Sec. Table 6 to Subpart MMMMM of Part 63--Requirements for Reports

    You must submit a compliance report that includes the information in 
Sec.  63.8818(e) through (g) as well as the information in the following 
table, as applicable. Rows 1 and 3 of the following table apply to loop 
slitter affected sources. Rows 1 through 4 apply to flame lamination 
affected sources.

------------------------------------------------------------------------
                                          Then you must submit a report
                If . . .                     or statement that . . .
------------------------------------------------------------------------
1. There are no deviations from any      There were no deviations from
 emission limitations that apply to you.  the emission limitations
                                          during the reporting period.

[[Page 554]]

 
2. There were no periods during which    There were no periods during
 the operating parameter monitoring       which the CPMS were out-of-
 systems were out-of-control in           control during the reporting
 accordance with the monitoring plan.     period.
3. There was a deviation from any        Contains the information in
 emission limitation during the           Sec.   63.8818(e)(5).
 reporting period.
4. There were periods during which the   Contains the information in
 operating parameter monitoring systems   Sec.   63.8818(f)(2).
 were out-of-control in information in
 accordance with the monitoring plan.
------------------------------------------------------------------------


[68 FR 18070, Apr. 14, 2003, as amended at 86 FR 64403, Nov. 18, 2021]



   Sec. Table 7 to Subpart MMMMM of Part 63--Applicability of General 
                       Provisions to Subpart MMMMM

    As stated in Sec.  63.8826, you must comply with the applicable 
General Provisions requirements according to the following table:

----------------------------------------------------------------------------------------------------------------
            Citation                    Requirement           Applies to subpart MMMMM          Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.....................  Initial applicability   Yes............................
                                   determination;
                                   applicability after
                                   standard established;
                                   permit requirements;
                                   extensions;
                                   notifications.
Sec.   63.2.....................  Definitions...........  Yes............................  Additional
                                                                                            definitions are
                                                                                            found in Sec.
                                                                                            63.8830.
Sec.   63.3.....................  Units and               Yes............................
                                   abbreviations.
Sec.   63.4.....................  Prohibited activities;  Yes............................
                                   compliance date;
                                   circumvention,
                                   severability.
Sec.   63.5.....................  Construction/           Yes............................
                                   reconstruction
                                   applicability;
                                   applications;
                                   approvals.
Sec.   63.6(a)..................  Compliance with         Yes............................
                                   standards and
                                   maintenance
                                   requirements-
                                   applicability.
Sec.   63.6(b)(1)-(4)...........  Compliance dates for    Yes............................  Sec.   63.8786
                                   new or reconstructed                                     specifies compliance
                                   sources.                                                 dates.
Sec.   63.6(b)(5)...............  Notification if         Yes............................
                                   commenced
                                   construction or
                                   reconstruction after
                                   proposal.
Sec.   63.6(b)(6)...............  [Reserved]............  Yes............................
Sec.   63.6(b)(7)...............  Compliance dates for    Yes............................  Sec.   63.8786
                                   new or reconstructed                                     specifies compliance
                                   area sources that                                        dates.
                                   become major.
Sec.   63.6(c)(1)-(2)...........  Compliance dates for    Yes............................  Sec.   63.8786
                                   existing sources.                                        specifies compliance
                                                                                            dates.
Sec.   63.6(c)(3)-(4)...........  [Reserved]............  Yes............................
Sec.   63.6(c)(5)...............  Compliance dates for    Yes............................  Sec.   63.8786
                                   existing area sources                                    specifies compliance
                                   that become major.                                       dates.
Sec.   63.6(d)..................  [Reserved]............  Yes............................
Sec.   63.6(e)(1)(i)............  General duty to         No.............................  Sec.   63.8794(c)
                                   minimize emissions.                                      specifies general
                                                                                            duty requirements.
Sec.   63.6(e)(1)(ii)...........  Requirement to correct  No.............................
                                   malfunctions as soon
                                   as possible.
Sec.   63.6(e)(1)(iii)..........  Enforceability of       Yes............................
                                   requirements
                                   independent of other
                                   regulations.
Sec.   63.6(e)(2)...............  [Reserved]............  Yes............................
Sec.   63.6(e)(3)...............  SSM plans.............  No.............................
Sec.   63.6(f)(1)...............  Compliance except       No.............................
                                   during SSM.
Sec.   63.6(f)(2)-(3)...........  Methods for             Yes............................
                                   determining
                                   compliance.
Sec.   63.6(g)..................  Use of an alternative   Yes............................
                                   nonopacity emission
                                   standard.
Sec.   63.6(h)..................  Compliance with         No.............................  Subpart MMMMM does
                                   opacity/visible                                          not specify opacity
                                   emission standards.                                      or visible emission
                                                                                            standards.
Sec.   63.6(i)..................  Extension of            Yes............................
                                   compliance with
                                   emission standards.

[[Page 555]]

 
Sec.   63.6(j)..................  Presidential            Yes............................
                                   compliance exemption.
Sec.   63.7(a)(1)-(2)...........  Performance test dates  Yes............................  Except for loop
                                                                                            slitter affected
                                                                                            sources as specified
                                                                                            in Sec.
                                                                                            63.8798(a).
Sec.   63.7(a)(3)...............  Administrator's         Yes............................
                                   section 114 authority
                                   to require a
                                   performance test.
Sec.   63.7(b)..................  Notification of         Yes............................
                                   performance test and
                                   rescheduling.
Sec.   63.7(c)..................  Quality assurance       Yes............................
                                   program and site-
                                   specific test plans.
Sec.   63.7(d)..................  Performance testing     Yes............................
                                   facilities.
Sec.   63.7(e)(1)...............  Conditions for          No.............................  Requirements for
                                   conducting                                               performance test
                                   performance tests.                                       conditions are found
                                                                                            in Sec.   63.8800(b)
                                                                                            and (c).
Sec.   63.7(e)(2)-(3)...........  Performance test data   Yes............................
                                   reduction and number
                                   of test runs.
Sec.   63.7(f)..................  Use of an alternative   Yes............................
                                   test method.
Sec.   63.7(g)..................  Performance test data   Yes............................
                                   analysis,
                                   recordkeeping, and
                                   reporting.
Sec.   63.7(h)..................  Waiver of performance   Yes............................
                                   tests.
Sec.   63.8(a)(1)-(2)...........  Applicability of        Yes............................  Unless otherwise
                                   monitoring                                               specified, all of
                                   requirements.                                            Sec.   63.8 applies
                                                                                            only to new or
                                                                                            reconstructed flame
                                                                                            lamination sources.
                                                                                            Additional
                                                                                            monitoring
                                                                                            requirements for
                                                                                            these sources are
                                                                                            found in Sec.  Sec.
                                                                                             63.8794(f) and (g)
                                                                                            and 63.8804.
Sec.   63.8(a)(3)...............  [Reserved]............  Yes............................
Sec.   63.8(a)(4)...............  Monitoring with flares  No.............................  Subpart MMMMM does
                                                                                            not refer directly
                                                                                            or indirectly to
                                                                                            Sec.   63.11.
Sec.   63.8(b)..................  Conduct of monitoring   Yes............................
                                   and procedures when
                                   there are multiple
                                   effluents and
                                   multiple monitoring
                                   systems.
Sec.   63.8(c)(1)-(3)...........  Continuous monitoring   No.............................  CMS requirements are
                                   system (CMS)                                             found in Sec.
                                   operation and                                            63.8794(f) and (g).
                                   maintenance.
Sec.   63.8(c)(4)...............  Continuous monitoring   Yes............................  Applies as modified
                                   system requirements                                      by Sec.
                                   during breakdown, out-                                   63.8794(g).
                                   of-control, repair,
                                   maintenance, and high-
                                   level calibration
                                   drifts.
Sec.   63.8(c)(5)...............  Continuous opacity      No.............................  Subpart MMMMM does
                                   monitoring system                                        not have opacity or
                                   (COMS) minimum                                           visible emission
                                   procedures.                                              standards.
Sec.   63.8(c)(6)...............  Zero and high-level     Yes............................  Applies as modified
                                   calibration checks.                                      by Sec.
                                                                                            63.8794(f).
Sec.   63.8(c)(7)-(8)...........  Out-of-control          Yes............................
                                   periods, including
                                   reporting.
Sec.   63.8(d)-(e)..............  Quality control         No.............................  CMS requirements are
                                   program and CMS                                          found in Sec.
                                   performance                                              63.8794(f) and (g).
                                   evaluation.
Sec.   63.8(f)(1)-(5)...........  Use of an alternative   Yes............................
                                   monitoring method.
Sec.   63.8(f)(6)...............  Alternative to          No.............................  Only applies to
                                   relative accuracy                                        sources that use
                                   test.                                                    continuous emissions
                                                                                            monitoring systems
                                                                                            (CEMS).
Sec.   63.8(g)..................  Data reduction........  Yes............................  Applies as modified
                                                                                            by Sec.
                                                                                            63.8794(g).
Sec.   63.9(a)..................  Notification            Yes............................
                                   requirements--applica
                                   bility.
Sec.   63.9(b)..................  Initial notifications.  Yes............................  Except Sec.
                                                                                            63.8816(c) requires
                                                                                            new or reconstructed
                                                                                            affected sources to
                                                                                            submit the
                                                                                            application for
                                                                                            construction or
                                                                                            reconstruction
                                                                                            required by Sec.
                                                                                            63.9(b)(1)(iii) in
                                                                                            lieu of the initial
                                                                                            notification.

[[Page 556]]

 
Sec.   63.9(c)..................  Request for compliance  Yes............................
                                   extension.
Sec.   63.9(d)..................  Notification that a     Yes............................
                                   new source is subject
                                   to special compliance
                                   requirements.
Sec.   63.9(e)..................  Notification of         Yes............................
                                   performance test.
Sec.   63.9(f)..................  Notification of         No.............................  Subpart MMMMM does
                                   visible emissions/                                       not have opacity or
                                   opacity test.                                            visible emission
                                                                                            standards.
Sec.   63.9(g)(1)...............  Additional CMS          Yes............................
                                   notifications--date
                                   of CMS performance
                                   evaluation.
Sec.   63.9(g)(2)...............  Use of COMS data......  No.............................  Subpart MMMMM does
                                                                                            not require the use
                                                                                            of COMS.
Sec.   63.9(g)(3)...............  Alternative to          No.............................  Applies only to
                                   relative accuracy                                        sources with CEMS.
                                   testing.
Sec.   63.9(h)..................  Notification of         Yes............................
                                   compliance status.
Sec.   63.9(i)..................  Adjustment of           Yes............................
                                   submittal deadlines.
Sec.   63.9(j)..................  Change in previous      Yes............................
                                   information.
Sec.   63.9(k)..................  Electronic reporting    Yes............................  Only as specified in
                                   procedures.                                              Sec.   63.9(j).
Sec.   63.10(a).................  Recordkeeping/          Yes............................
                                   reporting
                                   applicability.
Sec.   63.10(b)(1)..............  General recordkeeping   Yes............................  Sec.  Sec.   63.8820
                                   requirements.                                            and 63.8822 specify
                                                                                            additional
                                                                                            recordkeeping
                                                                                            requirements.
Sec.   63.10(b)(2)(i) and (ii)..  Records related to SSM  No.............................  See Sec.   63.8820
                                   periods and CMS.                                         for recordkeeping of
                                                                                            (1) date, time, and
                                                                                            duration; (2)
                                                                                            listing of affected
                                                                                            source or equipment,
                                                                                            and an estimate of
                                                                                            the quantity of each
                                                                                            regulated pollutant
                                                                                            emitted over the
                                                                                            standard; and (3)
                                                                                            actions to minimize
                                                                                            emissions and
                                                                                            correct the failure.
Sec.   63.10(b)(2)(iii).........  Records of maintenance  Yes............................
                                   on air pollution
                                   control equipment..
Sec.   63.10(b)(2)(iv) and (v)..  Records related to SSM  No.............................
Sec.   63.10(b)(2)(vi)-(xi).....  Records of CMS and      Yes............................
                                   other compliance
                                   records.
Sec.   63.10(b)(2)(xii).........  Records when under      Yes............................
                                   waiver.
Sec.   63.10(b)(2)(xiii)........  Records when using      No.............................  Applies only to
                                   alternative to                                           sources with CEMS.
                                   relative accuracy
                                   test.
Sec.   63.10(b)(2)(xiv).........  All documentation       Yes............................
                                   supporting initial
                                   notification and
                                   notification of
                                   compliance status.
Sec.   63.10(b)(3)..............  Recordkeeping           Yes............................
                                   requirements for
                                   applicability
                                   determinations.
Sec.   63.10(c).................  Additional              Yes............................  Applies as modified
                                   recordkeeping                                            by Sec.
                                   requirements for                                         63.8794(g).
                                   sources with CMS.
Sec.   63.10(d)(1)..............  General reporting       Yes............................  Sec.   63.8818
                                   requirements.                                            specifies additional
                                                                                            reporting
                                                                                            requirements.
Sec.   63.10(d)(2)..............  Performance test        Yes............................
                                   results.
Sec.   63.10(d)(3)..............  Opacity or visible      No.............................  Subpart MMMMM does
                                   emissions                                                not specify opacity
                                   observations.                                            or visible emission
                                                                                            standards.
Sec.   63.10(d)(4)..............  Progress reports for    Yes............................
                                   sources with
                                   compliance extensions.
Sec.   63.10(d)(5)..............  SSM reports...........  No.............................
Sec.   63.10(e)(1)..............  Additional CMS          Yes............................  Applies as modified
                                   reports--general.                                        by Sec.
                                                                                            63.8794(g).
Sec.   63.10(e)(2)(i)...........  Results of CMS          Yes............................  Applies as modified
                                   performance                                              by Sec.
                                   evaluations.                                             63.8794(g).
Sec.   63.10(e)(2)..............  Results of continuous   No.............................  Subpart MMMMM does
                                   opacity monitoring                                       require the use of
                                   systems performance                                      COMS.
                                   evaluations.
Sec.   63.10(e)(3)..............  Excess emissions/CMS    Yes............................  Only applies to new
                                   performance reports.                                     or reconstructed
                                                                                            flame lamination
                                                                                            affected sources.
Sec.   63.10(e)(4)..............  Continuous opacity      No.............................  Subpart MMMMM does
                                   monitoring system                                        not require the use
                                   data reports.                                            of COMS.
Sec.   63.10(f).................  Recordkeeping/          Yes............................
                                   reporting waiver.

[[Page 557]]

 
Sec.   63.11....................  Control device          No.............................  Facilities subject to
                                   requirements--applica                                    subpart MMMMM do not
                                   bility.                                                  use flares as
                                                                                            control devices.
Sec.   63.12....................  State authority and     Yes............................  Sec.   63.8828 lists
                                   delegations.                                             those sections of
                                                                                            subparts MMMMM and A
                                                                                            that are not
                                                                                            delegated.
Sec.   63.13....................  Addresses.............  Yes............................
Sec.   63.14....................  Incorporation by        Yes............................  Subpart MMMMM does
                                   reference.                                               not incorporate any
                                                                                            material by
                                                                                            reference.
Sec.   63.15....................  Availability of         Yes............................
                                   information/
                                   confidentiality..
----------------------------------------------------------------------------------------------------------------


[86 FR 64404, Nov. 18, 2021]



    Sec. Table 8 to Subpart MMMMM of Part 63--List of Hazardous Air 
 Pollutants That Must Be Counted Toward Total HAP Content if Present at 
                      0.1 Percent or More by Weight

------------------------------------------------------------------------
                    Chemical name                           CAS No.
------------------------------------------------------------------------
1,1,2,2-Tetrachloroethane...........................             79-34-5
1,1,2-Trichloroethane...............................             79-00-5
1,1-Dimethylhydrazine...............................             57-14-7
1,2-Dibromo-3-chloropropane.........................             96-12-8
1,2-Diphenylhydrazine...............................            122-66-7
1,3-Butadiene.......................................            106-99-0
1,3-Dichloropropene.................................            542-75-6
1,4-Dioxane.........................................            123-91-1
2,4,6-Trichlorophenol...............................             88-06-2
2,4/2,6-Dinitrotoluene (mixture)....................          25321-14-6
2,4-Dinitrotoluene..................................            121-14-2
2,4-Toluene diamine.................................             95-80-7
2-Nitropropane......................................             79-46-9
3,3[min]-Dichlorobenzidine..........................             91-94-1
3,3[min]-Dimethoxybenzidine.........................            119-90-4
3,3[min]-Dimethylbenzidine..........................            119-93-7
4,4[min]-Methylene bis(2-chloroaniline).............            101-14-4
Acetaldehyde........................................             75-07-0
Acrylamide..........................................             79-06-1
Acrylonitrile.......................................            107-13-1
Allyl chloride......................................            107-05-1
alpha-Hexachlorocyclohexane (a-HCH).................            319-84-6
Aniline.............................................             62-53-3
Benzene.............................................             71-43-2
Benzidine...........................................             92-87-5
Benzotrichloride....................................             98-07-7
Benzyl chloride.....................................            100-44-7
beta-Hexachlorocyclohexane (b-HCH)..................            319-85-7
Bis(2-ethylhexyl)phthalate..........................            117-81-7
Bis(chloromethyl)ether..............................            542-88-1
Bromoform...........................................             75-25-2
Captan..............................................            133-06-2
Carbon tetrachloride................................             56-23-5
Chlordane...........................................             57-74-9
Chlorobenzilate.....................................            510-15-6
Chloroform..........................................             67-66-3
Chloroprene.........................................            126-99-8
Cresols (mixed).....................................           1319-77-3
DDE.................................................           3547-04-4
Dichloroethyl ether.................................            111-44-4
Dichlorvos..........................................             62-73-7
Epichlorohydrin.....................................            106-89-8
Ethyl acrylate......................................            140-88-5
Ethylene dibromide..................................            106-93-4
Ethylene dichloride.................................            107-06-2
Ethylene oxide......................................             75-21-8
Ethylene thiourea...................................             96-45-7
Ethylidene dichloride (1,1-Dichloroethane)..........             75-34-3
Formaldehyde........................................             50-00-0
Heptachlor..........................................             76-44-8
Hexachlorobenzene...................................            118-74-1

[[Page 558]]

 
Hexachlorobutadiene.................................             87-68-3
Hexachloroethane....................................             67-72-1
Hydrazine...........................................            302-01-2
Isophorone..........................................             78-59-1
Lindane (hexachlorocyclohexane, all isomers)........             58-89-9
m-Cresol............................................            108-39-4
Methylene chloride..................................             75-09-2
Naphthalene.........................................             91-20-3
Nitrobenzene........................................             98-95-3
Nitrosodimethylamine................................             62-75-9
o-Cresol............................................             95-48-7
o-Toluidine.........................................             95-53-4
Parathion...........................................             56-38-2
p-Cresol............................................            106-44-5
p-Dichlorobenzene...................................            106-46-7
Pentachloronitrobenzene.............................             82-68-8
Pentachlorophenol...................................             87-86-5
Propoxur............................................            114-26-1
Propylene dichloride................................             78-87-5
Propylene oxide.....................................             75-56-9
Quinoline...........................................             91-22-5
Tetrachloroethene...................................            127-18-4
Toxaphene...........................................           8001-35-2
Trichloroethylene...................................             79-01-6
Trifluralin.........................................           1582-09-8
Vinyl bromide.......................................            593-60-2
Vinyl chloride......................................             75-01-4
Vinylidene chloride.................................             75-35-4
------------------------------------------------------------------------


[86 FR 64406, Nov. 18, 2021]

[[Page 559]]



                              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 561]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2022)

                      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 562]]

     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 563]]

    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 564]]

     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 565]]

        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  [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  [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 566]]

         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  [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 567]]

        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 568]]

      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 569]]

                     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 570]]

                          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 571]]

        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 572]]

        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 573]]

         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 574]]

                          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  [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 575]]

       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 576]]

       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--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99)
            Subtitle E [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 577]]

                       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 578]]

                      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 579]]

        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 580]]

        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 581]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2022)

                                                  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 582]]

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 583]]

  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
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV

[[Page 584]]

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 Acquisition Security Council              41, 201
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 585]]

  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 586]]

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 587]]

  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 588]]

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, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 589]]

  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 591]]



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, 2017 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	2017

                       (No regulations published)

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
63.7480--63.7575 (Subpart DDDDD) Table 6 revised...................56725

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
63.8530--65.8665 (Subpart KKKKK) Table 1 revised...................58609
63.8530--65.8665 (Subpart KKKKK) Table 2 revised...................58610
63.8530--65.8665 (Subpart KKKKK) Table 4 revised...................58611
63.8530--65.8665 (Subpart KKKKK) Table 6 revised...................58614
63.8530--65.8665 (Subpart KKKKK) Table 7 revised...................58619
63.8595 (h) redesignated as (i); new (h) added; (c), new (i) 
        introductory text, and new (1) introductory text revised 
                                                                   58606
63.8620 (e) introductory text, (1), (2), and (3) redesignated as 
        (e)(1) introductory text, (i), (ii), and (iii); new (e)(1) 
        introductory text revised; new (e)(2), (f), and (g) added 
                                                                   58607
63.8630 (c) introductory text revised; (c)(4) added................58608
63.8635 (c) introductory text, (4)(iii)(C), and (g)(1) revised; 
        (c)(9) added...............................................58608
63.8640 (c) introductory text revised; (c)(11) added...............58609
63.8665 Amended....................................................58609

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
63.6580--63.6675 (Subpart ZZZZ) Table 8 amended....................73912
63.6604 (a) through (c) amended....................................78463
63.6645 (b) and (d) revised........................................73912
63.7080--63.7143 (Subpart AAAAA) Table 1 amended; Tables 2 through 
        8 redesignated as Tables 3 through 9; new Table 2 added....44982

[[Page 592]]

63.7080--63.7143 (Subpart AAAAA) New Table 3 and Table 4 revised 
                                                                   44983
63.7080--63.7143 (Subpart AAAAA) New Table 5 revised...............44984
63.7080--63.7143 (Subpart AAAAA) New Table 6 and New Table 7 
        revised....................................................44986
63.7080--63.7143 (Subpart AAAAA) New Table 8 revised...............44987
    Table 8 amended................................................73912
63.7080--63.7143 (Subpart AAAAA) New Table 9 revised...............44988
    Amendatory instruction corrected...............................84262
63.7083 (a)(1), (2), and (b) revised; (e) added....................44977
63.7090 (b) revised; (c) added.....................................44977
63.7100 (a), (b), (c), (d)(3), (4)(iii), (6) introductory text, 
        and (e) revised............................................44977
63.7110 (d) and (e) revised........................................44978
63.7112 (a), (b), (c), (j) introductory text, (k) introductory 
        text, (3), and (l) introductory text revised; (m) added....44978
63.7113 (d) and (f) revised........................................44978
63.7114 (a) introductory text and (b) revised......................44979
63.7120 (c) introductory text revised; (c)(3) removed..............44979
63.7121 (a), (b), (d), (e) introductory text, and (3) revised......44979
63.7130 (e) revised................................................44979
    (b) and (c) revised............................................73912
63.7131 (a), (b) introductory text, (c)(4), (d), (e) introductory 
        text, (2), and (f) revised; (b)(6), (e)(12), and (g) 
        through (j) added..........................................44979
63.7132 (a)(2) and (c) revised.....................................44981
63.7133 (d) added..................................................44981
63.7140 Amended....................................................44981
63.7141 (c) revised................................................44981
63.7142 (a)(2), (3), (b)(2), and (3) redesignated as (a)(3), (4), 
        (b)(3), and (4); (a)(1), new (a)(4) introductory text, new 
        (i), new (v), new (b)(3), and new (4) revised; new (a)(2) 
        and new (b)(2) added.......................................44981
63.7143 Amended....................................................44982
63.7189 (b) revised................................................73913
63.7340 (b) revised................................................73913
63.7545 (b) and (c) revised........................................73913
63.7690 (a)(8) revised.............................................56095
63.7700 (g) added..................................................56095
63.7710 (a) and (b) introductory text revised......................56096
63.7720 (a) and (c) revised........................................56096
63.7732 (a) and (e)(1) introductory text revised...................56096
63.7740 (e) revised................................................56096
63.7741 (d) introductory text revised..............................56096
63.7744 (e) added..................................................56096
63.7746 (b) removed................................................56097
63.7750 (b) revised................................................73913
63.7751 (a) introductory text, (b) introductory text, and (d) 
        amended; (b)(4) and (c) removed; (b)(6), (7), and (8) 
        revised; (e) through (i) added.............................56097
63.7752 (a)(2), (b)(2), and (4) revised; (d) and (e) added.........56099
63.7761 (c) introductory text revised; (c)(5) added................56099
63.7765 Amended....................................................56099
63.7680--63.7765 (Subpart EEEEE) Table 1 revised...................56100
63.7780--63.7852 (Subpart FFFFF) Table 1 revised...................42125
63.7780--63.7852 (Subpart FFFFF) Table 2 and Table 3 revised.......42126
63.7780--63.7852 (Subpart FFFFF) Table 4 revised...................42128
63.7783 (a) introductory text, (b), and (c) revised; (f) added.....42114
63.7790--7791 Undesignated center heading revised..................42115
63.7791 Added......................................................42115
63.7800 (a) revised................................................42116
63.7810 (a) and (c) revised; (d) added.............................42116
63.7820 (e) added..................................................42116
63.7821 (a) revised; (e) added.....................................42116
63.7822 (a) and (b)(1) revised.....................................42116
63.7823 (a), (c)(1), (d)(1)(i), (2)(i), (e)(1), and (3) revised....42117
63.7824 (e) introductory text, (1), and (2) revised; (e)(3) 
        amended....................................................42118
63.7825 Redesignated as 63.7826; new section added.................42119
63.7826 Redesignated as 63.7827; new section redesignated from 
        63.7825....................................................42119
63.7827 Redesignated from 63.7826..................................42119
63.7831 (a)(4), (5), (6), and (f)(4) revised.......................42120
    (f)(4) amended.................................................44992

[[Page 593]]

63.7833 (g)(3) revised; (h) and (i) added..........................42120
63.7835 Revised....................................................42121
63.7840 (d), (e) introductory text, and (2) revised; (f), (g), and 
        (h) added..................................................42121
    (b) revised....................................................73913
63.7841 (d) redesignated as (g); (b)(9) through (13), new (d), 
        (e), and (f) added; (b) introductory text, (4), (7) 
        introductory text, (ii), (8) introductory text, (ii), 
        (iv), (vi), (c), and new (g) revised.......................42122
63.7842 (a)(3) redesignated as (a)(5); new (a)(3), (4), and (e) 
        added; (a)(2) and (b)(3) revised...........................42123
63.7851 (c) introductory text revised; (c)(5) added................42124
63.7852 Amended....................................................42124
63.7880--63.7957 (Subpart GGGGG) Table 3 revised...................41712
    Table 3 amended................................................73913
63.7882 (a) introductory text revised; (a)(4) added................41702
63.7883 (a), (b) introductory text, (c) introductory text, and (d) 
        introductory text revised; (f) added.......................41703
63.7895 (c) revised................................................41703
63.7896 (c)(1), (3), and (f)(1) revised............................41703
63.7898 (c)(1) revised.............................................41703
63.7900 (b)(1), (2), (3), (c), and (d) revised.....................41703
63.7901 (a), (b)(1), (c)(2), and (d)(3) revised....................41704
63.7903 (a), (b) introductory text, (c)(1), and (d)(2) revised.....41704
63.7905 (b)(1) and (2) revised.....................................41704
63.7906 (b)(2) and (c)(2) revised..................................41704
63.7908 (b)(1) and (c)(1) revised..................................41704
63.7910 (b)(1), (2), and (3) revised...............................41705
63.7911 (b)(2), (c)(2), and (d)(2) revised.........................41705
63.7912 (c) revised................................................41705
63.7913 (c)(1) and (d)(1) revised..................................41705
63.7920--63.7922 Undesignated center heading revised...............41705
63.7920 (b)(1) revised; (d) redesignated as (f); (b)(3), new (d), 
        and (e) added..............................................41705
63.7923 Added......................................................41705
63.7925 (b) revised................................................41706
63.7935 (a), (b), (c), (e), (f), (h)(1), (2), and (3) revised; 
        (g)(4) and (5) added.......................................41707
63.7941 (b)(2) and (4) introductory text revised...................41708
63.7942 Revised....................................................41708
63.7943 (d) revised................................................41708
63.7944 (b)(2)(ii) and (iv) amended; (d) revised...................41708
63.7945 (d) added..................................................41708
63.7950 (b) and (c) revised........................................73913
63.7951 (a)(6), (7), (b)(10), (11), and (e) through (h) added; 
        (b)(4), (7) introductory text, (ii), (8) introductory 
        text, (i), (iv), (vi), and (c) revised.....................41708
63.7952 (a)(2) revised; (a)(3) and (4) redesignated as (a)(9) and 
        (10); new (a)(3), (4) through (8), and (e) added...........41710
63.7957 Amended....................................................41711
63.7880--63.7957 (Subpart GGGGG) Table 3 amended...................73913
63.7880--63.7957 (Subpart GGGGG) Table 3 amended...................41712
63.7985 (a)(1), (2), (3), (b) introductory text, (1), (2), (3), 
        and (d)(1) through (4) revised.............................49740
63.7980--63.8105 (Subpart HHHHH) Table 10 amended..................73914
63.7990 (a) revised................................................49741
63.7995 (a) introductory text and (b) revised; (e) added...........49741
63.8000 (a), (b)(2), (c)(3), (d)(1) introductory text, (i), (iii), 
        (3), (4)(i)(A), (ii)(C), and (iv) revised; (d)(1)(vi), 
        (8), (e), and (f) added; (d)(2) removed....................49741
    (d)(1)(vi) correctly amended...................................75235
63.8005 (a)(2), (d)(1), (e) introductory text, (2), and (g) 
        revised; (d)(5) and (h) added..............................49743
63.8010 (a) revised................................................49743
63.8025 (a) revised................................................49744
63.8050 (c)(3)(i), (ii), and (iii) added...........................49744
63.8055 (b)(1), (2), and (4) revised...............................49744
63.8070 (c) revised................................................49744
    (b)(1) revised.................................................73914

[[Page 594]]

63.8075 (c)(1), (d) introductory text, (1), (2)(ii), (e)(5) 
        introductory text, (6)(ii) introductory text, (B), (iii) 
        introductory text, (C), and (E) revised; (e)(6)(ii)(D), 
        (iii)(L), and (f) through (k) added; (e)(8)(ii)(B) removed
                                                                   49744
63.8080 Introductory text, (c), (e), and (f) revised; (h), (i), 
        and (j) added..............................................49746
63.8090 (b) revised................................................49747
63.8105 (g) amended................................................49747
63.7980--63.8105 (Subpart HHHHH) Table 1 amended...................49747
63.7980--63.8105 (Subpart HHHHH) Table 3 revised...................49747
63.7980--63.8105 (Subpart HHHHH) Table 7 revised...................49748
63.7980--63.8105 (Subpart HHHHH) Table 8 amended...................49749
63.7980--63.8105 (Subpart HHHHH) Table 9 amended...................49749
63.7980--63.8105 (Subpart HHHHH) Table 10 revised..................49749
63.7980--63.8105 (Subpart HHHHH) Table 11 added....................49751
63.8252 (b) revised................................................73914
    Heading and (b) correctly amended..............................84262
63.8180--63.8266 (Subpart IIIII) Table 10 amended..................73914
63.8380--63.8515 (Subpart JJJJJ) Table 8 amended...................73914
63.8380--63.8515 (Subpart JJJJJ) Table 10 amended..................73915
63.8530--63.8665 (Subpart KKKKK) Table 9 and Table 11 amended......73915
63.8692 (b) revised................................................73916
63.8680--86.8698 (Subpart LLLLL) Table 1, Table 2, and Table 3 
        amended....................................................14553
63.8680--86.8698 (Subpart LLLLL) Table 4 amended...................14554
63.8680--86.8698 (Subpart LLLLL) Table 5 and Table 6 amended.......14555
63.8680--86.8698 (Subpart LLLLL) Table 7 amended............14556, 73916
63.8681 (a) revised; (f) removed...................................14548
63.8683 (c) introductory text and (d) revised......................14548
63.8684 Heading revised............................................14548
63.8685 (a), (b), and (c) revised..................................14549
63.8686 Heading, (a), and (b)(3) revised; (b)(4) added.............14549
63.8687 (b) revised; (c) removed...................................14549
63.8688 (f) and (h) revised........................................14549
63.8689 (b) revised; (d) added.....................................14549
63.8690 (b) revised................................................14549
63.8691 Heading, (a), (b), and (d) revised; (e) added..............14549
63.8692 (a), (e), and (f) revised..................................14550
63.8693 (b)(6), (d)(13), (g), (h), and (i) added; (c)(4), (5), (d) 
        introductory text, (1) through (4), (6), and (f) revised 
                                                                   14550
63.8694 (a)(2) revised; (e) added..................................14552
63.8697 (b)(1) revised.............................................14552
63.8698 Amended....................................................14552
63.8780--63.8830 (Subpart MMMMM) Table 7 amended...................73916
63.8816 (b) revised................................................73916

                                  2021

40 CFR
                                                                   86 FR
                                                                    Page
Chapter I
63.8635 (g)(1) revised.............................................66043
63.8530--63.8665 (Subpart KKKKK) Table 2 revised...................66043
63.8784 (c)(2) and (e) revised.....................................64398
63.8786 (b) revised; (f) added.....................................64398
63.8794 (b) through (d) and (f) introductory text revised; (e) 
        removed....................................................64399
63.8798 (b) revised; (c) added.....................................64399
63.8800 (f) redesignated as (g); new (f) added; (b), (c), (e) 
        introductory text, and new (g) introductory text revised 
                                                                   64399
63.8802 (a)(1)(i) and (3)(i) revised...............................64399
63.8810 (b) introductory text, (c) introductory text, and (1) 
        revised....................................................64399
63.8812 (b) and (e) introductory text revised; (d) removed.........64400
63.8816 (d), (f), (g) introductory text, and (h)(1) revised........64400
63.8818 (b) introductory text and (f) revised; (i) removed; (j) 
        through (m) added..........................................64400
63.8820 (b) revised................................................64401
63.8830 Amended....................................................64401
63.8780--63.8830 (Subpart MMMMM) Table 1, Table 2 amended; Table 3 
        revised....................................................64402

[[Page 595]]

63.8780--63.8830 (Subpart MMMMM) Table 4, Table 5, and Table 6 
        amended....................................................64403
63.8780--63.8830 (Subpart MMMMM) Table 7 revised...................64404
63.8780--63.8830 (Subpart MMMMM) Table 8 added.....................64406

                                  2022

   (Regulations published from January 1, 2022, through July 1, 2022)

40 CFR
                                                                   87 FR
                                                                    Page
Chapter I
63.8180--63.8266 (Subpart IIIII) Heading revised...................27018
    Table 5 amended; Table 10 revised..............................27024
63.8180 Revised....................................................27018
63.8182 (c) introductory text revised..............................27018
63.8184 (a)(1) and (2) revised.....................................27018
63.8186 (a) revised................................................27019
63.8190 (a)(2) revised.............................................27019
63.8192 Introductory text, (a), and (g) introductory text revised; 
        (h) added..................................................27019
63.8222 Revised....................................................27020
63.8226 Revised....................................................27020
63.8232 Introductory text and (a) revised; (g) added...............27020
63.8236 (c) introductory text revised; (e) and (f) added...........27020
63.8242 Heading, (a)(2), and (3)(v) revised........................27021
63.8246 (b)(1) introductory text and (c) revised; (d) added........27021
63.8248 (a) introductory text, (1), (2), and (2) revised; (b) 
        introductory text added....................................27021
63.8252 (d) and (e)(1)(i) revised; (f) through (h) added...........27021
63.8254 (b) introductory text and (7) through (9) revised; (b)(4) 
        and (c) removed; (b)(13), (14), and (e) added..............27022
63.8256 (a)(2) and (c) introductory text revised; (e) and (f) 
        added......................................................27023
63.8262 Revised....................................................27023
63.8264 (c) introductory text revised; (c)(5) added................27023
63.8266 Amended....................................................27023


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